Blog

Feb 12, 2020

Budget Highlights 2020-21 - Others

Government to sell a part of its holding in LIC by way of Initial Public Offer (IPO).Fiber to the Home (FTTH) connections through Bharatnet to link 100,000-gram panchayats this year. Rs.6000 crore proposed for the Bharatnet program in 2020-21. For recruitment to Non-Gazetted posts in Government and Public sector banks, an independent, professional and specialist National Recruitment Agency (NRA) for conducting a computer-based online Common Eligibility Test for recruitment.New National Policy on Official Statistics to promote the use of the latest technologies including Artificial Intelligenc.....

Feb 21, 2020

Introduction of Standard Operating Procedure (SOP) to be followed by exporters

GST vide Circular No. 131/2020 dated 23rd January 2020 directs a Standard Operating Procedure (SOP) to be followed by exporters to mitigate the risk of monetization of credit fraudulently obtained or ineligible credit through a refund of Integrated Goods & Service Tax (IGST) on exports by creating fake invoices. http://cbic.gov.in/resources//htdocs-cbec/gst/circular-cgst-131-new.pdf .....

Feb 21, 2020

Guidelines on Merchant Acquiring Business – Regional Rural Banks

RBI vide notification no. RBI/2019-20/156 dated February 06, 2020, Reserve Bank of India has been decided to allow RRBs to provide mobile banking services and to act as merchant acquiring banks using Aadhaar Pay – BHIM app and POS terminals. In this connection, the guidelines are as under: The RRB should have permission for mobile banking from the Reserve Bank of India. Additional conditions: The bank's IT systems & CBS should have been subjected to an IS Audit not earlier than six months from the date of application to confirm that the system is adequately secure.The bank m.....

Feb 21, 2020

Guidelines for Restructuring of Advances in Micro, Small and Medium Enterprises (MSME) sector

RBI vide notification no. RBI/2019-20/160 dated February 11, 2020, it has been decided to extend the one-time restructuring of MSME advances. Accordingly, a one-time restructuring of existing loans to MSMEs classified as 'standard' without a downgrade in the asset classification is permitted, subject to the following conditions: The aggregate exposure, including non-fund based facilities, of banks and NBFCs to the borrower does not exceed ₹25 crores as on January 1, 2020.The borrower’s account was in default but was a ‘standard asset’ as on January 1, 2020 and continues to be cl.....

Feb 21, 2020

Modification of Guidelines of Interest Subvention Scheme for MSMEs and exempting Udhyog aadhar number (UAN)

RBI vide notification no. RBI/2019-20/155 it has been decided by the Government of India to bring modifications in the operational guidelines which are as follows: Submission of statutory auditor certificate by June 30, 2020, and in the meantime, settle claims based on internal/concurrent auditor certificate.Acceptance of claims in multiple lots for a given half-year by eligible institutions.Requirement of Udyog Aadhar Number (UAN) may be dispensed with for units eligible for GST. For the Unit not required to obtain GST, may either submit Income Tax Permanent Account Number (PAN) or their .....

Feb 21, 2020

The procedure of PAN allotment through Common Application Form (CAF) along with registration of Foreign Portfolio Investors (FPls) with SEBl under the Department of Economic Affairs and KYC for opening Bank and Demat Account.

Income tax vide Notification No. 11/2020 dated 7th February 2020 directed a procedure for allotment of PAN by Foreign portfolio Investors. A Common Application Form (CAF) for the purpose of registration, opening of bank and Demat accounts and application for Permanent Account Number (PAN) has been notified for the Foreign Portfolio Investors (FPls). Application for allotment of Permanent Account Number (PAN) will be uploaded in CAF as specified by the SEBI. After due examination and generation of FPI Registration certificate, SEBI will forward data in form 49AA to prescribed Income Tax .....

Feb 21, 2020

Exemption from clubbing of investment limit for foreign Government agencies and its related entities regarding Foreign portfolio investors

SEBI vide Circular No. IMD/FPI&C/CIR/P/2020/07 dated 16thJanuary, 2020 it amended the that regarding “Foreign Portfolio Investors”, certain foreign Government agencies and its related entities are exempt from clubbing of investment limit requirements and other investment conditions either by way of an agreement or treaty with other sovereign governments or by an order of the Central Government. https://www.sebi.gov.in/legal/circulars/jan-2020/exemption-from-clubbing-of-investment-limit-for-foreign-government-agencies-and-its-related-entities_45697.html .....

Feb 21, 2020

Performance review of the commodity derivatives contracts by Recognised Stock Exchange

SEBI vide circular No. SEBI/HO/CDMRD/DNPMP/CIR/P/2020/21 dated 04thFebruary, 2020 it has been decided to have a  framework to evaluate the performance of Derivative contracts based not merely on statistics regarding delivery and trade volumes but also on the strength of a  comprehensive empirical assessment after considering all relevant information,   pertaining   to the performance of a derivative contract during the relevant period of time. Framework for performance review is as follows: All recognized stock exchanges shall review the performance of all contracts traded on thei.....

Feb 21, 2020

Currency Future and Options Contracts (involving Indian Rupee) on Exchanges in International Financial Services Centres (IFSC)

SEBI vide circular No. SEBI/HO/MRD2/DCAP/CIR/P/2020/17 dated 03rd February 2020, it has been decided that   for  currency futures  and options contracts involving Indian Rupee (with settlement in foreign currency), the position limits for eligible market participants, per currency pair per stock exchange, shall be as follows: Trading Members (positions on proprietary basis as well as clients’ position) - Gross open position across all contracts not to exceed 15% of the total open interest or USD 1 billion equivalent, whichever is higher.Institutional Investors - Gross open position a.....

Feb 21, 2020

SEBI develops an online system for detecting misuse of clients’ securities by brokers

SEBI vide Press Release No. 05/2020 dated 13th February 2020 it is published that the SEBI has developed an in – house online system by which it would be able to prepare client level securities holding register of the brokers. SEBI collects the details of the clients’ securities submitted in weekly report filed by brokers with the Exchanges and updates the same with trades conducted in the accounts of said clients using the data available with SEBI in Data Warehousing and Business Intelligence System (DWBIS) as well as data provided by Exchanges, Clearing Corporations and Depositories .....

Feb 21, 2020

Changes in Forms to be filed with MCA for Incorporation of company, Registration with EPFO and others

MCA vide Notification dated 6th February 2020 issued Companies incorporation and amendment rules, 2020. MCA has introduced a new web service for Reservation of Name called SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32) available at www.mca.gov.in for further simplification of incorporation of companies. There is an existing form called AGILE for registration at Employees’ Provident Fund Organisation (EPFO) is replaced with AGILE-PRO which additionally registers the company for Professional tax and Opening of Bank Account. These forms will come into for.....

Feb 21, 2020

Changes in requirements to appoint a Whole-time Company Secretary for certain companies and applicability of Secretarial Audit.

From the Companies  (Appointment and Remuneration) Rules, 2014: Rule 8A which specifies the requirement of a whole-time company secretary for certain companies has been amended. Private companies having paid-up share capital of >/= Rs. 10 Crores shall have a Whole-time Company secretary. This amendment is applicable in respect of Financial years commencing on or after 1st April 2020. Rule – 9: Secretarial Audit shall be applicable for companies when they satisfy the following: Every public company having a paid-up share capital of >/= Rs. 50 Crores; orEvery Public Company.....

Feb 21, 2020

Applicability of Section 460 of Companies Act, 2013 to Limited liability Partnerships

From The Gazette of India it has been notified that Section 460 of Companies Act, 2013 shall be applicable to Limited Liability partnerships (LLPs). Section 460 is about the condonation of delay in certain cases can be accepted by the Department if the reasons for such delay are provided in writing to the adjudicating Authority which does not lead to the payment of penalty (can be called as a waiver of such penalties for genuine delays in Filing of required forms). http://www.mca.gov.in/Ministry/pdf/NotificationLLP_31012020.pdf .....

Feb 21, 2020

Unutilized credit under MODVAT scheme does not qualify for deductions under section 43B

Vide Decision of Supreme court of India in Maruthi Suzuki India Limited Vs. Commissioner of Income Tax Facts of the case: The  Assessee, a Company, has been engaged in the manufacturing and sale of various Maruti Cars and also trades in spares and components of the vehicles. It acquires exiceable raw materials and inputs which are used in the manufacturing of the vehicles.The assessee had also been taking benefit of MODVAT credit on the raw material and inputs used in the manufacturing.At the end of the Assessment Year, 1999-2000 was left as unutilized MODVAT credit.In the return, it w.....

Feb 21, 2020

Section 129 is a complete code for the purpose of addressing all violations committed in transit leading to detention, seizure, and release of goods and brings within its sweep all such contraventions, irrespective of the gravity of the violation itself.

Vide decision of High Court of Madras in Ideal Movers (P.) limited vs. State tax Officer. Facts of the case: The Petitioner is a transporter and had been engaged to transport a consignment.The consignment was accompanied by invoices and an E-way bill.E- way bill was generated on 12-01-2020 and valid till 16-01-2020. As the lorry had broke-down and parked in a garage with damage in the gearbox. There was a delay in the repair due to Pongal holidays and the generated e-way bill got expired.The lorry proceeded to deliver the goods to the destination with an expired e-way bill which was det.....

Oct 17, 2020

Valuation of Supply in case of lottery run by the state government

GST vide Notification No. 08/2020 dated 2nd March 2020 determines the value of supply of a lottery shall be deemed to be 100/128 of the face value of the ticket or of the price as notified in the Official Gazette by the Organising State, whichever is higher. http://cbic.gov.in/resources//htdocs-cbec/gst/notfctn-08-central-tax-english-2020.pdf .....

Oct 17, 2020

Implementation of Indian Accounting Standards to Non-Banking Financial Companies(NBFCs)

RBI vide notification no. RBI/2019-20/170 dated March 12, 2020, it has been issued that NBFCs are required to comply with Indian Accounting Standards (Ind AS) for the preparation of their financial statements. To promote high quality and consistent implementation as well as facilitate comparison and better supervision, the RBI has framed regulatory guidance on Ind AS given in the Annexure to the Notification which will be applicable on Ind AS implementing NBFCs and Asset Reconstruction Companies (ARCs) for preparation of their financial statements from the financial year 2019-20 onwards. .....

Oct 17, 2020

Limits on exposure to single and group borrowers/parties and large exposures and Revision in the target for priority sector lending – Urban Co-operative Banks (UCBs)

RBI vide notification no. RBI/2019-20/171 dated March 13, 2020, it has been decided to reduce concentration risk in the exposures of primary UCBs, and to further strengthen the role of UCBs in promoting financial inclusion, it is proposed to amend certain regulatory guidelines relating to UCBs. Prudential exposure limits: In the Previous Circular, Primary UCBs were permitted to have exposures up to 15 percent and 40 percent of their capital funds to a single borrower and a group of borrowers, respectively.Now, the prudential Exposure limits for UCBs for a single borrower/party and a gro.....

Oct 17, 2020

Income Tax deduction from salaries during FY 2019-20

Income tax vide Circular No. 04/2020 dated 16th January 2020 directed that there is no requirement of deduction of tax for employees who are having an estimated salary income after considering the value of perquisites of Rs. 2,50,000/-(<60 years) or Rs. 3,00,000/-(60 to 80 years) or Rs.5,00,000/-(>80 years). This corrigendum to the above circular clarifies it as the estimated salary income including the value of perquisites is taxable after giving effect to the exemptions, deductions, and relief as applicable. https://www.incometaxindia.gov.in/communications/circular/corrignedum_cir4.....

Oct 17, 2020

Clarifications on provisions of the Direct tax Vivad Se Viswas Bill, 2020

Income tax vide Circular No. 7/2020 dated 4th March 2020 provides a FAQ(Frequently Asked Questions) list for a simple understanding of the applicability of vivad se viswas scheme for the existing appeals of taxpayers under several authorities and also many other questions regarding the scheme. Follow the link for the whole circular. https://www.incometaxindia.gov.in/communications/circular/circular_no_7_2020.pdf .....

Oct 17, 2020

Condonation of delay in filing Return of Income by the Charitable Institutions

Income tax vide Circular No. 06/2020 the CBDT has decided that the Commissioners of income tax are authorized to accept the condonation of delay in filing Return of Income for the A.Ys 2016-17, 2017-18 and 2018-19 by the Charitable Institutions. https://www.incometaxindia.gov.in/communications/circular/circular_no_6_2020.pdf .....

Oct 17, 2020

SEBI launches mobile application for lodging investor grievances

SEBI vide Press Release No. 14/2020 dated 05th March 2020 announces that it launches a mobile application for the convenience of investors to lodge their grievances in  SEBI Complaints Redress System (SCORES). This is to reduce the sending letters to SEBI in physical mode. It states, The  Mobile Application has all the features of  SCORES  which is presently available electronically where investors have to lodge their complaints by using the internet mediums. After mandatory registration on the mobile application,  for each  grievance lodged,  investors  will  get  an acknowledge.....

Oct 17, 2020

Amendments to guidelines for the rights issue, preferential issue and institutional placement of units by an InvIT ( infrastructure Investment Trus) & Real Estate Investment Trust (REIT)

SEBI vide circular No’s. SEBI/HO/DDHS/DDHS/CIR/P/2020/35 & 36 dated 13th March,2020 it has issued amendments to guidelines for the rights issue and Preferential issue and Institutional placement of units by a listed InvIT/REIT https://www.sebi.gov.in/legal/circulars/mar-2020/amendments-to-guidelines-for-rights-issue-preferential-issue-and-institutional-placement-of-units-by-a-listed-invit_46311.html .....

Oct 17, 2020

Clarification to Operating Guidelines for Investment Advisers in International Financial Services Centre (IFSC)

SEBI vide circular No. SEBI/HO/IMD/DF1/CIR/P/2020/31 dated 28th February 2020, it has been decided that   for  currency futures  and options contracts involving Indian Rupee (with settlement in foreign currency), the position limits for eligible market participants, per currency pair per stock exchange, shall be as follows: Trading Members (positions on a proprietary basis as well as clients’ position) - Gross open position across all contracts not to exceed 15% of the total open interest or USD 1 billion equivalent, whichever is higher.Institutional Investors - Gross.....

Oct 17, 2020

Filing of forms to the registrar by the Insolvency Professional (Interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidator appointed under Insolvency Bankruptcy Code, 2016 (IBC, 2016).

MCA vide General Circular No. dated 6th Marche 2020 issued clarifications for statutory compliances in respect of companies under corporate Insolvency Resolution Process (CIRP) which are as below, The IRP/RP/Liquidator would have to first file the NCLT order approving him as the IRP/ RP/ Liquidator in Form INC-28.The Master Data for change in the status of the company from "Active"/ "inactive" to CIRP/ Liquidation or CIRP/Liquidation to "Active" shall be effected on the basis of Formal Change Request Form submitted by IBBI to e-governance Cell, MCA(HQ).The IRP/ RP/ Liquidator shall be resp.....

Oct 17, 2020

Where assessee's application as to whether it was liable to pay tax on buy-back of shares under section 115-O was pending before AAR, impugned communication addressed by department treating assessee to be 'assessee-in-default' on account of non-payment of tax was to be treated as show-cause notice and, thus, the matter was to be remanded back for disposal on merits

Vide Decision of Supreme court of India in Cognizant Technology Solutions India (P.) Ltd. Vs. Deputy Commissioner of Income Tax Facts of the case: The department addressed a communication to assessee that payments made to shareholders, under the purchase of shares through a scheme of 'arrangement and compromise' was dividend within the meaning of section 2(22)(d)/2(22)(a), requiring it to remit tax to the Government account under section 115-O.Since the company failed to remit the taxes within the stipulated period, the company was 'deemed to be an assessee-in-default', under section 11.....

Oct 17, 2020

Where charge over the property was created much prior to the issuance of the recovery notice under Rule 2 of Schedule II to the Income-tax Act, it would remain valid through the sale of the property was conducted after issuance of attachment order by tax recovery officer.

Vide decision of Supreme court of India in Connectwell Industries (P.) Ltd. Vs Union of India Facts of the case: The Appellant filed the Writ Petition in the High Court of Judicature at Bombay seeking a restraint order against the Tax Recovery Officer for enforcing the attachment made under the Income Tax Act, 1961 for recovery of the dues. The Writ Petition was dismissed by the High court, aggrieved by which the Appeal has been filed.Biowin Pharma India Ltd. (BPIL) - herein obtained a loan from the Union Bank of India. Property (land along with Plant and Machinery, building) was mortga.....

Oct 17, 2020

Exempting Foreign Airlines from furnishing reconciliation statement in FORM GSTR – 9C

GST vide Notification No. 09/2020 dated 17th March 2020 determines that the foreign companies in the airline business shall not be required to furnish GSTR-9C. Provided that a statement of receipts and payments for the financial year in respect of its Indian Business operations, duly authenticated by a practicing Chartered Accountant in India or a firm or a Limited Liability Partnership of practicing Chartered Accountants in India is submitted for each GSTIN by the 30th September of the year succeeding the financial year. https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-09-centr.....

Oct 17, 2020

special procedure for corporate debtors undergoing the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016

GST vide Notification Nos. 11/2020 & 39/2020 dated 21st March 2020 & 5th May respectively notifies that those registered persons, who are corporate debtors under the provisions of the insolvency bankruptcy code, 2016 undergoing the corporate insolvency resolution process and the management of whose affairs are being undertaken by interim resolution professionals (IRP) or resolution professionals (RP), as the class of persons who shall follow the following special procedure from the date of the appointment of IRP/RP till the period they undergo the corporate insolvency resolution proce.....

Oct 17, 2020

Covid-19 regulatory package

RBI vide notification Nos. RBI/2019-20/186 dated 27 March 2020 regulatory measures were announced to mitigate the burden of debt servicing brought about by disruptions on account of COVID-19 pandemic and to ensure the continuity of viable businesses. The details Instructions were given regarding (i) Reschedulement of payments – Term Loans and Working Capital limits, (ii) Easing of working capital financing, (iii) Classification as Special Mention Account (SMA) and Non-performing Asset (NPA) and (iv) other conditions. Complete details relief packages can be read through the below link. .....

Oct 17, 2020

Investment by Foreign portfolio investors (FPI): Investment limits

RBI vide notification Nos. RBI/2019-20/199 & RBI/2019-20/214 dated March 30, 2020 & April 15 respectively, issues directions to the Authorised Directory category-1 banks regarding investment limits for FY 2020-21 by FPIs in debt instruments. Investment Limits for FY 2020-21: The limit for FPI investment in corporate bonds is increased to 15% of outstanding stock for FY 2020-21. Accordingly the revised limits for FPI investment in corporate bonds are as follows: Particulars Rs. in Crores Current FPI Limit 3,17,000 Revised for HY Apr 2020 – sep 202.....

Oct 17, 2020

Doorstep banking services for senior citizens and differently-abled persons

RBI vide notification no. RBI/2019-20/203 dated March 31, 2020, it has been advised to incorporate the following aspects in their board-approved policy for doorstep banking services for senior citizens and differently-abled persons, Banks shall offer the doorstep banking services on a pan India basis. Banks should develop a Board approved framework for determining the nature of branches/centers where these services will be provided mandatorily and those where it will be provided on a best effort basis and make the policy public. The list of branches offering such doorstep banking services .....

Oct 17, 2020

Export of goods and services – Realisation and repatriation of Export proceeds- relaxation.

RBI vide notification no. RBI/2019-20/206 dated April 01, 2020, it has been decided that to increase the present period of realization and repatriation to India of the amount representing the full export value of goods or software or services exported, from nine months to fifteen months from the date of export, for the exports made up to or on July 31, 2020. Provisions in regard to the period of realization and repatriation to India of the full export value of goods exported to warehouses established outside India remain unchanged. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=1.....

Oct 17, 2020

Declaration of Dividend by banks

RBI vide notification no. RBI/2019-20/218 dated April 17, 2020, considering the uncertainty caused by COVID-19 which requires banks to conserve capital to retain their capacity to support the economy and absorb losses, it has been decided that all banks shall not make any further dividend payouts from the profits pertaining to the financial year ended March 31, 2020, until further instructions. This restriction shall be reassessed by the Reserve Bank based on the financial results of banks for the quarter ending September 30, 2020. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11.....

Oct 17, 2020

Import of goods and services – Extension of time limits for settlement of Import payment.

RBI vide notification no. RBI/2019-20/242 dated May 22, 2020, it has been decided to extend the time period for completion of remittances against such normal imports (except in cases where amounts are withheld towards the guarantee of performance, etc.) from six months to twelve months from the date of shipment for such imports made on or before July 31, 2020. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11900&Mode=0 .....

Oct 17, 2020

Electronic Cards for Overdraft Accounts

RBI vide notification no. RBI/2019-20/225 dated April 23, 2020, it has been decided to permit banks to issue electronic cards to natural persons having Overdraft Accounts that are only in the nature of personal loan without any specific end-use restrictions. The card shall be issued for a period not exceeding the validity of the facility and shall also be subject to the usual rights of the banks as lenders. The electronic card for Overdraft Accounts in the nature of personal loans shall be allowed to be used for domestic transactions only. Further, adequate checks and balances shall be put.....

Oct 17, 2020

Clarification of option under section 115BAC of the income tax act, 1961

Income tax vide Circular No. C1/2020 dated 13th April 2020 issues clarifications raised regarding exercising of Section 115BAC of the income tax act, 1961. Section 115BAC of the income tax act, 1961 provides that a person, being an individual or a Hindu undivided family having income other than income from business or profession, may exercise an option in respect of a previous year to be taxed under the said section 115BAC for each year at the concessional rate provided under section 115BAC of the Act is subject to the condition that the total income shall be computed without specified.....

Oct 17, 2020

Abeyance of certain clauses in Form-3CD (tax audit report).

Income tax vide Circular No. 10/2020 dated 24th April 2020 it has been decided that the reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance till 31st March 2021. Clause 30C of Tax Audit Report deals with the impermissible avoidance arrangements entered by the assessee during the previous year. Clause 44 of the Tax Audit Report deals with the Break-up of the total expenditure of entities registered or not registered under the GST. https://www.incometaxindia.gov.in/communications/circular/circular_no_10_2020.pdf .....

Oct 17, 2020

Clarification in respect of residency under section 6 of the Income-tax Act, 1961.

Income tax vide Circular No. 11/2020 dated 8th May 2020 the CBDT has decided that the for the purpose of determining the residential status under section 6 of the Act during the previous year 2019-20 in respect of an individual who has come to India on a visit before 22nd March 2020 and: has been unable to leave India on or before 31st March 2020, his period of stay in India from 22nd March 2020 to 31st March, 2020 shall not be taken into account, orhas been quarantined in India on account of Novel Corona Virus (Covid-19) on or after 1st March 2020 and has departed on an evacuation flight .....

Oct 17, 2020

Clarification in respect of prescribed electronic modes under section 269SU of the income tax act, 1961.

Income tax vide Circular No. 12/2020 dated 20th May 2020 it is hereby clarified that the provisions of section 269SU of the Act shall not be applicable to a specified person having only B2B transactions (i.e. no transaction with retail customer/consumer) if at least 95% of the aggregate of all amounts received during the previous year, including the amount received for sales, turnover or gross receipts, are by any mode other than cash. Section 269SU section requires every person carrying on business and having sales/turnover/gross receipts from the business of more than Rs 50 Crores ("specifi.....

Oct 17, 2020

Relaxation from compliance to REITS and InvITs due to the CoVID-19 virus Pandemic

SEBI vide circular No’s. SEBI/HO/DDHS/DDHS/CIR/P/2020/42 dated 23rd March 2020 it has been decided to extend the due date for regulatory filings and compliances for REIT and InvIT for the period ending March 31, 2020, by one month over and above the timelines. https://www.sebi.gov.in/legal/circulars/mar-2020/relaxation-from-compliance-to-reits-and-invits-due-to-the-covid-19-virus-pandemic_46398.html .....

Oct 17, 2020

Investment by the sponsor or Asset Management company in the scheme

SEBI vide circular No. SEBI/HO/IMD/DF4/CIR/P/2020/100 dated 12th June 2020, it has been decided that the sponsor or asset management company is required to invest not less than one percent of the amount which would be raised in the new fund offer or fifty lakh rupees, whichever is less in such option of the scheme, as may be specified by the Board. It has also been decided that the above-referred investment shall be made in the growth option of the scheme.  For such schemes where the growth option is not available the investment shall be made in the dividend reinvestment option of the scheme.....

Oct 17, 2020

Participation of mutual Funds in commodity derivatives market in India

SEBI vide circular No. SEBI/HO/IMD/DF2/CIR/P/2020/96 dated 05th June, 2020, it has been decided that No Mutual fund schemes shall invest in physical goods except in ‘gold’ through Gold Exchange Traded Funds (ETFs). However, as mutual fund schemes participating in Exchange Traded Commodity Derivatives (ETCDs) may hold the underlying goods in case of physical settlement of contracts, in that case, mutual funds shall dispose of such goods from the books of the scheme, at the earliest, not exceeding the timeline prescribed below, For Gold and Silver: -  180 days from the date of holdi.....

Oct 17, 2020

Framework for Regulatory Sandbox

SEBI vide circular No. SEBI/HO/MRD-1/CIR/P/2020/95 dated 05th June 2020 it has been decided to introduce a  framework for  “Regulatory  Sandbox”. Through previous circulars dated may 20, 2019 stipulated a framework for an industry-wide Innovation  Sandbox, whereby FinTech startups and entities not regulated by SEBI  were permitted to use the  Innovation Sandbox for offline testing of their proposed solution. Further, this circular SEBI  now has decided to introduce a  framework for  “Regulatory  Sandbox”. Under this sandbox framework,  entities regulated by  SEBI  s.....

Oct 17, 2020

Clarification on the spending of Corporate Social Responsibility (CSR) Funds for COVID-19

MCA vide General Circular No. 10/2020 dated 23rd March 2020 is hereby clarified that spending of CSR funds for COVID-19 is eligible CSR Activity. Funds may be spent on various activities related to COVID-19 under item nos. (i) and (xii) of Schedule VII relating to the promotion of health care, including preventive health care and sanitation, and, disaster management. https://companylaw.taxmann.com/circulars-notifications.aspx?t=qs .....

Oct 17, 2020

Special measure under Companies Act, 2013 and Limited Liability Partnership Act, 2008 in view of COVID-19 breakout

MCA vide General Circular No. 11/2020 dated 24th March 2020, it has been decided to reduce their compliance burden and other risks. Reliefs given were as follows: No additional fees shall be charged for late filing during a moratorium period from 01st April to 30th September 2020, in respect of any document, return, statement, etc., required to be filed in the MCA-21 Registry, irrespective of its due date.The mandatory requirement of Board meetings of the companies within the intervals provided in the Companies Act, 2013 (120 days) stands extended by a period of 60 days till the next tw.....

Oct 17, 2020

Clarification on contribution to PM-CARES Funds as eligible CSR Activity

MCA vide office memorandum F No. CSR-05/1/2020-CSR-MCA dated 28th March 2020, has been clarified that any contribution made to the PM CARES Fund shall qualify as CSR expenditure under the Companies Act 2013. https://companylaw.taxmann.com/circulars-notifications.aspx?t=qs .....

Oct 17, 2020

Where State Government undertaking is engaged in wholesale and retail trade of beverages within State, levy of Gallonage Fee, Licence Fee and Shop Rental (kist) with respect to FL-9 licences granted with respect to wholesale of foreign liquor will clearly fall within purview of Section 40(a)(iib) and, hence, amount paid in this regard is liable to be disallowed while similar amounts paid with respect to FL-1 licences granted with respect to retail business in foreign liquor is not an exclusive levy on appellant and, hence, not liable to be disallowed; Surcharge on sales tax and turnover tax is not a 'fee or charge' coming within scope of Section 40(a)(iib) and is not an amount which can be disallowed under said provision

Vide Decision of High court of Kerala in Kerala State Beverages (Manufacturing and Marketing) Corporation Limited Vs. Assistant Commissioner of Income Tax. Facts of the case: Appellant is a company registered under the Companies Act, engaged in wholesale and retail trade of beaverages within the State of Kerala, and is a 'State Government Undertaking' falling within the 'Explanation' provided under section 40(a)(iib) of the Income Tax Act, 1961.It is engaged in wholesale and retail trade of beverages within State of Kerala - Assessee is holding FL-1 Licence with respect to sale of forei.....

Oct 17, 2020

The assessing officer or the appellate authority while exercising the power of appeal or stay of the assessment proceedings under section 226 of the Income Act 1961 are enjoined obligation to give regard and respect to the directions of the Hon’ble High Court. In other words, it would not be necessary that the payment of 20% can be dispensed with only if there is an order of the high court.

Vide decision of High Court of Kerala in Aranattukara Oriental Service Co-Operative Bank Ltd. Vs Commissioner of Income Tax Facts of the case: Petitioner is a primary Co-operative Agricultural Credit Society registered under the Kerala Co-operative Societies Act. Petitioner is an assessee on the file of the Commissioner of Income tax. While so, the Commissioner issued a notice under Section 156 of the Income tax Act pertaining to the assessment year 2017-18.Aggrieved by the assessment order petitioner preferred appeal before the Income tax Officer along with a stay application. It is su.....

Oct 17, 2020

Where during Income-tax search and seizure proceedings, Assessing Officer stumbled upon contraband substance, it did not amount to seizure under Narcotic Drugs and Psychotropic Substances Act, 1985 and thus it could not be that search and seizure operation by officer was not empowered or authorized under NDPS Act and was without mandate of law

Vide decision of High Court of Bombay in Ananth Vardhan Pathak Vs Union of India Facts of the case:  On 7-1-2014, a search and seizure operation was conducted by Income Tax Department at a particular room in Taj Palace Hotel, Mumbai in connection with affairs of Yash Birla Group Companies. Applicant, who was President of Corporate Affairs of said group was found in said room along with co-accused.In course of said search and seizure operation, the co-accused was found in possession of eight small self-knotted transparent polythene pouches containing white powdery substance kept in .....

Oct 17, 2020

Where appellant's claim for input tax credit on purchase of materials had been denied by Additional Commissioner on ground that vendors had not paid tax collected from appellant to revenue, order of Additional Commissioner was to be set aside and matter was restored to file of Additional Commissioner for fresh consideration.

Vide decision of High Court of Karnataka in Aequs S.E.Z. (P.) Limited vs. Commissioner of Commercial taxes. Facts of the case: The appellant is a private limited company engaged as a developer of SEZ units, maintenance and operation of infrastructure facility. The appellant had filed monthly returns in VAT-100 for the tax periods 2010-11. On verification of the same, the Prescribed Authority noticed that the appellant had claimed input tax credit for the purchase of materials from their sub-contractors.The respondent vide his order dated 15-9-2014 after hearing the appellant proceeded t.....

Oct 17, 2020

Extension of due date for filing Form-GSTR-04

GST vide Notification No. 64/2020 dated 31st August, 2020 extends due date for filing of form GSTR-04 to 31st of October 2020. https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-64-central-tax-english-2020.pdf .....

Oct 17, 2020

Extension of due date by furnishing of form GSTR-3B for supply made in the month of August,2020 for taxpayers with annual turnover up to Rs.5 Crores.

GST vide Notification Nos. 54/2020 dated 24th June, 2020, it has been issued that for tax payers having turnover upto Rs. 5 crores based on their principal place of business due date for filing of form GSTR-3B has been extended to October 1, 2020 and October 3, 2020 respectively(basis for Principle place of business is in the original notification accessed through link). https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-54-central-tax-english-2020.pdf .....

Oct 17, 2020

Fair Practices code for Asset reconstruction companies

RBI vide notification Nos. RBI/2020-21/13 dated 16 July, 2020 Asset Reconstruction Companies(ARCs) are advised to adopt regulatory measures were announced ‘Fair Practices Code’ so as to ensure transparency and fairness in their operation. Guidelines are annexed to the notification, which can be found through the following link. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11937&Mode=0 .....

Oct 17, 2020

Loans against Gold Ornaments and Jewellery for Non-Agriculture End-Uses

RBI vide notification Nos. RBI/2020-1/19 dated August 06, 2020, issues  With a view to further mitigate the economic impact of the Covid19 pandemic on households, entrepreneurs and small businesses, it has been decided to increase the permissible loan to value ratio (LTV) for loans against pledge of gold ornaments and jewellery for non-agricultural purposes from 75 per cent to 90 per cent. This enhanced LTV ratio will be applicable up to March 31, 2021 to enable the borrowers to tide over their temporary liquidity mismatches on account of COVID 19. Accordingly, fresh gold loans sanctioned o.....

Oct 17, 2020

Opening of current accounts by banks – Need for Discipline

RBI vide notification no. RBI/2020-21/20 dated August 06, 2020 has been reviewed and revised instructions on opening of current accounts by banks. They are as under: No bank shall open current accounts for customers who have availed credit facilities in the form of cash credit (CC)/ overdraft (OD) from the banking system and all transactions shall be routed through the CC/OD account.Where a bank’s exposure to a borrower is less than 10 per cent of the exposure of the banking system to that borrower, while credits are freely permitted, debits to the CC/OD account can only be for credit.....

Oct 17, 2020

Online Dispute Resolution (ODR) System for Digital Payments

RBI vide notification no. RBI/2020-21/21 dated August 06, 2020 issued advisory to  authorised Payment System Operators (PSOs) to put in place system/s for ODR for resolving disputes and grievances of customers. To begin with, authorised PSOs shall be required to implement an ODR system for disputes and grievances related to failed transactions in their respective payment systems by January 1, 2021. The PSOs shall provide access to such a system to its participating members i.e., Payment System Participants (PSPs). Any entity setting up a payment system in India thereafter or partic.....

Oct 17, 2020

System based asset classification – Urban Co-Operative Banks (UCBs)

RBI vide notification no. RBI/2020-21/23 dated August 12, 2020 it has been decided to implemented system-based asset classification (i.e. Automated) in urban co-operative banks (UCBs) in order to improve the efficiency, transparency and integrity of the asset classification process. Instructions are as under: UCBs having total assets of ₹2000 crore or above as on March 31, 2020 shall implement system-based asset classification with effect from June 30, 2021.UCBs having total assets of ₹1000 crore or above but less than ₹2000 crore as on March 31, 2020, shall implement system-based.....

Oct 17, 2020

One Time relaxation for Verification of tax-returns for the assessment years 2015-16, 2016-17, 2017-18, 2018-19 anf 2019-20 which are pending due to non filing of ITV-V form and processing of such returns.

Income tax vide Circular No. 13/2020 dated 13th July, 2020 issues one time relaxation for verification of tax returns for the assessment years as mentioned above which are pending due to non-filing of ITR-V form and processing of such returns. In respect of an Income-tax Return (ITR) which is filed electronically without a digital signature, the taxpayer is required to verify it using any one of the following modes within the time limit of 120 days from date of uploading the ITR:Through Aadhaar OTP,By logging into e-filing account through net banking,EVC through Bank Account Number,EVC thr.....

Oct 17, 2020

CBDT provides ITR filing compliance check functionality for scheduled commercial banks

Income tax vide Notification no. 71/2020 dated 31-08-2020 issues orders to scheduled commercial banks for furnishing information about IT return filing status. As the data on cash withdrawal indicated that huge amount of cash is being withdrawn by the persons who have never filed income-tax returns. To ensure filing of return by these persons and to keep track on cash withdrawals by the non-filers, and to curb black money, the Finance Act, 2020 w.e.f. 1st July, 2020 further amended Income-tax Act, 1961 to lower the threshold of cash withdrawal to Rs. 20 lakh for the applicability of TDS fo.....

Oct 17, 2020

Acceptance of payment through prescribed electronic modes – Imposition of charge on the prescribed electronic modes

Income tax vide Circular No. 16/2020 dated 30-08-2020 issues orders to immediately refund the charges collected, if any, on or after 1st January, 2020 on transactions carried out using the electronic modes prescribed under section 269SU of the Income Tax Act and not to impose charges on any future transactions carried through the said prescribed modes. Government in order to encourage digital transactions and move towards a less-cash economy, the Finance (No. 2) Act 2019 inserted a new provision namely section 269SU in the Income-tax Act, 1961, which provides that every person having a bus.....

Oct 17, 2020

Conducting meeting of unitholders of InvITs and REITs through Video Conferencing (VC) or through other audio-visual means (OAVM)

SEBI vide circular No. SEBI/HO/DDHS/DDHS/CIR/P/2020/102 dated 22nd June 2020 clarified that  InvITs/ REITs may conduct the meeting of unitholders through  VC  or  OAVM by following the procedure specified in Annexure to the circular (can be accessed through the link). The facility of VC or OAVM shall be available for the annual meeting of unitholders in terms of InvIT  Regulations and REIT Regulations, to be conducted during the calendar year  2020. For meetings,  other than the annual meeting of unitholders, the facility for conducting meetings of unitholders through VC or OAVM sha.....

Oct 17, 2020

Use of Digital Signature Certifications for Authentication /Certification of filings/submissions made to Stock Exchanges

SEBI vide circular No. SEBI/HO/CFD/CMD1/CIR/P/2020/145dated 31st July 2020, it has been permitted for authentication /certification of any filing/submission made to stock exchanges under   the Listing Obligations and Discosure Regulations may   be done using digital signature certifications till December 31, 2020. This Circular shall apply for filings/submissions made from July 1, 2020. https://www.sebi.gov.in/legal/circulars/jul-2020/use-of-digital-signature-certifications-for-authentication-certification-of-filings-submissions-made-to-stock-exchanges_47219.html .....

Oct 17, 2020

Procedural Guidelines for Proxy Advisors

SEBI vide circular No. SEBI/HO/IMD/DF1/CIR/P/2020/147 dated 03rd August 2020, Procedural gudelines for proxy advisors has been issued. As per SEBI (Research Analyst) Regulations, 2014 mandates proxy advisors to abide by Code of Conduct specified therein. It is decided that proxy advisors shall also comply with the following procedural guidelines: Proxy Advisors shall formulate  the voting recommendation policies and disclose the  updated voting recomm-endation policies to its clients. Proxy Advisors shall ensure that the policies should be reviewed atleast once annually. The v.....

Oct 17, 2020

Grevience Resolution between listed entities and proxy advisers

SEBI vide circular No. SEBI/HO/CFD/CMD1/CIR/P/2020/119dated 04th August, 2020 in order to facilitate resolution of such grievances of listed entities against SEBI registered proxy advisors, the  listed entities may approach SEBI. SEBI will examine the matter for non-compliance by proxy advisors with  the provisions of the Code of Conduct under SEBI (Research Analyst) Regulations, 2014 and the  procedural guidelines for proxy advisors. This circular shall be applicable with effect from January 01, 2021(as per circular No. SEBI/HO/CFD/CMD1/CIR/P/2020/159 dated August 27). https://www.seb.....

Oct 17, 2020

Resources for Trustees of Mututal Funds

SEBI vide circular No. SEBI/HO/IMD/DF4/CIR/P/2020/0000000151 dated 10th August, 2020 providing administrative assistance to trustees in monitoring various activities of the AMCs. It is decided that, Trustees shall appoint a  dedicated officer having professional qualification and minimum 5 years of experience in finance and financial services related field.The officer so  appointed, shall be employee of the  Trustees and directly report to the Trustees.The scope of work for the said officer shall be  specified by Trustees from  time to time to support  the .....

Oct 17, 2020

Review of Debt and Money Market Securities Transactions Disclosure w.r.t Mutual Funds and Asset Management companies

SEBI vide circular No. SEBI/HO/IMD/DF4/CIR/P/2020/163 dated 01st  September 2020 In order to further enhance transparency, it is now decided that the details of debt   and   money   market   securities   transacted   (including   inter   scheme transfers)  in  its  schemes  portfolio shall  be  disclosed  on daily  basis  with  a time lag of 15 days in a revised format as prescribed in Annexure A (can be accessed through Link). This Circular shall come into effect from October 01, 2020. https://www.sebi.gov.in/legal/circulars/sep-2020/review-of-debt-and-money-ma.....

Oct 17, 2020

Relaxation of Additional fees and extension of last date of filing CRA-4 (form for filing of cost Audit Report) for FY 2019-20 under the Companies Acr, 2019

MCA vide General Cirular No. 29/2020 dated 10th September 2020, In view of the disruption caused due to the pandemic, it has been that if cost audit report for the FY 2019-20 by the cost auditor to the Board of directors of the companies shall be submitted by November 30, 2020. Consequently, the Cost Audit report for the financial year ended 31st March, 2020 shall be filed in e-form with CRA-04 with in 30 days from the date of receipt of the copy of the cost audit report by the company. However, if the company has availed extension of time for holding Annual General meeting the e-form CRA-04.....

Oct 17, 2020

General order for extension of time to hold AGM for F.Y. 2019-20

MCA vide Press Release Dated, 08th September 2020, extending the timeline for holding Annual General Meeting till December 31st from September 30th due to COVID-19. https://companylaw.taxmann.com/circulars-notifications.aspx?t=qs .....

Oct 17, 2020

Income Tax I : Where assessee engaged in business of manufacturing ATMs and distribution of NCR books products, took a premises on lease for a period of three years and incurred expenditure on improvement of said premises such as improvement of interiors and electrical works, ceiling work for networking of computers in connection with set up of office etc., expenditure so incurred was to be allowed as revenue expenditure Income Tax II: ATM can be regarded as a computer and thus it is eligible for higher rate of depreciation Income Tax III: Where assessee changed revenue recognition method during relevant assessment year, in view of fact that departmental authorities failed to prove that changed method was not correct and it distorted profits of relevant year, impugned order passed by Assessing Officer rejecting new method of accounting was not sustainable

Vide Decisions of High court of Karnataka in Commissioner of income tax Vs. NCR Corporation (p.) limited. Facts of the case: Assessee is engaged in the business of manufacture of automated teller machines (ATMs) and distribution of NCR book products and commissions in India.The assessee filed the return of income on 1-12-2003 declaring taxable income of Rs. 4,66,32,670/-. The return was processed under section 143(1) and was selected for scrutiny and notice under section 143(2) of the Act was issued..The assessee had taken premises on lease for a period of three years. The assessee clai.....

Oct 17, 2020

For purpose of allowing benefit of deduction under section 54(1), expression 'a residential house' includes within its ambit plural numbers as well and, thus, it cannot be construed as one residential house only

Vide decision of High Court of Karnataka in Arun K. Thaigarajan Vs Commissioner of Income Tax (Appeals)-II Facts of the case: The assessee was the owner of a residential property.The said property was sold vide registered sale deed dated 9-10-2002 for a consideration of Rs. 2,68,89,375/-.The assessee filed return of income on 9-7-2003 for Assessment year 2003-04 declaring income of Rs. 1,68,52,920/-, under the head income from salary, house property, capital gains and income from other sources and paid tax of Rs. 49,57,706/.The assessing officer issued a notice under section 148 of the .....

Oct 17, 2020

A Notification would come into effect from date and time when it was electronically printed in gazette and mere uploading same on website would have no significance and, therefore, where Notification No. 29/2018-cus, dated 01-03-2018 was updated on 02-03-2018 and came to be published in official gazette on 06-03-2018 whereas custom duty had already been paid by assessee on 05-03-2018, enhanced amount sought to be realised from assessee on basis of aforesaid Notification was unlawful.

Vide decision of High Court of Madras in Ruchi Soya Industries Limited vs. Union of india Facts of the case: Assessee company entered into a contract with its foreign supplier in Malaysia for purchase of edible palm oil. A dispute arose with regard to payment of customs duty for clearance of subject goods , which respondent claimed on strength of Notification No. 29/2018-cus, dated 1-3-2018- Assessee thus filed instant petition seeking a declaration that Notification dated 1-3-2018, was arbitrary, illegal, ultra vires and infringing fundamental rights of assessee to trade.Assessee conte.....

Oct 17, 2020

Where assessee filed a petition contending that due to technical difficulties he could not file Form Trans-1 within prescribed time and thus requested the authority to allow him same so that he could claim transitional credit of eligible duties in terms of section 140(3), said petition was to be disposed of with a direction to State of Madhya Pradesh to take a decision on representation of assessee in accordance with law

Vide decision of High Court of Madhya Pradesh in Ankit Babeley vs. State of Madhya Pradesh. Facts of the case: Assessee had been filing his return regularly as work contractor. According to assessee, due to technical difficulties he could not file Form Trans-1 within prescribed time and thus requested te Authority to allow him same so that he could claim transitional credit of eligible duties in respect of inputs held in stock on appointed day in terms of section 140(3).Assessee submitted that since no heed was paid to his request, instant petition was filed seeking direction to aforesa.....

Oct 17, 2020

Where appellant was given excess subsidy of 25 per cent under Rajasthan Investment Promotion Scheme-2003, appellant was directed to refund same with interest of 12 per cent per annum

Vide decision of Supreme Court of India in ultratech Cement limited vs. State of rajasthan. Facts of the case: Apellant company was engaged in business of manufacturing and marketing of cement and allied products.Additional Chief Secretary (ACS) in revision order held that Kotputli Unit of company was entitled to Capital Investment Subsidy only to extent of 50 per cent of payable and deposited Sales Tax/VAT and not to extent of 75 per cent under Rajasthan Investment Promotion Scheme-2003, as availed by it pursuant to Entitlement Certificates erroneously issued by State Level Screening C.....

Sep 16, 2020

Where assessee, a manufacturer of cement, was registered under Central Sales Tax Act in State of Rajasthan and Competent Authority of State of Rajasthan wrongly refused to issue Form 'C' to assessee for purchase of diesel at concessional rate of 2 per cent and thereupon seller, who was located in Gujarat, charged from assessee full tax at rate of 20 per cent on sales of diesel and deposited same with department in Gujarat and further assessee requested concerned authority of State of Gujarat for refund of excess tax collected from it and deposited by seller but said authority refused to refund tax amount, concerned authority of State of Gujarat was to be directed to process refund claim of assessee and grant refund of excess tax collected from it and deposited by seller

Vide decision of High Court of Gujarat in Udaipur Cement Works Ltd. vs. State of Gujarat. Facts of the case: Assessee was engaged in manufacture and sale of cement.It was registered under Central Sales Tax Act, 1956 in State of Rajasthan.Competent Authority of State of Rajasthan wrongly refused to issue Form 'C' to assessee for purchase of diesel at concessional rate of 2 per cent.Thereupon seller, who was located in State of Gujarat, started raising invoice on assessee charging full tax at rate of 20 per cent on sales of diesel.Such tax was deposited by seller with department of Centra.....

Jan 23, 2021

Extension of due date for filing annual return under CGST Act, 2017

GST vide Notification No. 95/2020 dated 30th December, 2020 has extended the due date for filing GSTR-9 and GSTR-9C  for FY 2019-20 to 28th February, 2021. https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-95-central-tax-english-2020.pdf .....

Jan 23, 2021

Waiver of Late Fees in respect of Filing of Form GSTR-4

GST vide Notification No. 93/2020 dated 22nd December, 2020 has stated that the late fee payable for delay in furnishing of FORM GSTR-4 for the Financial Year 2019-20 from the 1st November,2020 till 31st December, 2020 shall stand waived for the registered person whose principal place of business is in the Union Territory of Ladakh. https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-93-central-tax-english-2020.pdf .....

Jan 23, 2021

Amendment to Master Direction (MD) on KYC – Centralized KYC Registry – Roll out of Legal Entity Template & other changes

Amendment to Master Direction (MD) on KYC – Centralized KYC Registry – Roll out of Legal Entity Template & other changes Regulated Entities (REs) have been uploading the KYC data pertaining to all individual accounts opened on or after January 1, 2017 on to CKYCR. Changes to the template, as and when required are released by CERSAI(Central Registry of Securitisation Asset Reconstruction and Security Interest of India) after consulting the Reserve Bank.Also the CKYCR(Central KYC Registry) is now fully operational for individual customers. REs shall upload the KYC data pertaining to .....

Jan 23, 2021

Operationalization of Payments Infrastructure Development Fund (PIDF) Scheme

RBI vide notification No. RBI/2020-21/81 dated 5th January, 2021, has notified about Operationalization of Payments Infrastructure Development Fund (PIDF) Scheme. PIDF is intended to subsidise deployment of payment acceptance infrastructure in Tier-3 to Tier-6 centres with special focus on North-Eastern States of the country. It envisages creating 30 lakh new touch points every year for digital payments.An Advisory Council (AC), under the Chairmanship of the Deputy Governor, RBI, has been constituted for managing the PIDF. PIDF will be operational for a period of three years from January 0.....

Jan 23, 2021

Introduction of Legal Entity Identifier for Large Value Transactions in Centralized Payment Systems

RBI vide notification no. RBI/2020-21/82 dated January 05, 2021 has introduced the Legal Entity Identifier for Large Value Transactions in Centralized Payment Systems. The Legal Entity Identifier (LEI) is a 20-digit number used to uniquely identify parties to financial transactions worldwide.LEI has been introduced by the Reserve Bank in a phased manner for participants in the over the counter (OTC) derivative and non-derivative markets as also for large corporate borrowers.It has been decided to introduce the LEI system for all payment transactions of value ₹50 crore and above undertake.....

Jan 23, 2021

Risk Based Internal Audit (RBIA) Framework – Strengthening Governance arrangements

RBI vide notification no. RBI/2020-21/83 dated January 07, 2021 has issued framework for Risk Based Internal Audit(RBIA). RBI stated that banks are required to put in place a risk based internal audit (RBIA) system as part of their internal control framework.The Head of Internal Audit (HIA) shall be a senior executive of the bank who shall have the ability to exercise independent judgement. Except for the entities where the internal audit function is a specialised function and managed by career internal auditors, the HIA shall be appointed for a reasonably long period, preferably for a.....

Jan 23, 2021

Extension of due date for filing of ITR & Tax audit report

Income taxes vide Notification No. 93/2020 dated 30th December, 2020 has extended due date for filing of ITRs under Income tax act, 1961. It has been notified as follows: For assessees covered under explanation 2 (a) (aa) of section 139 (1) i.e., company, individual liable to tax audit, partner of a firm liable to tax audit has been extended to 15th February, 2021.For any other assessees, it has been extended to 10th  January, 2021.For furnishing of any audit report under the income tax act has been extended till 15th January,2021. https://www.incometaxindia.gov.in/communications/n.....

Jan 23, 2021

Extension of Due date for Declaration in respect of Tax Arrears

Income tax vide Notification No. 92/2020 dated 31st December, 2020 has notified the last date for declaration to designated authority about the tax arrears under Direct Tax Vivad se Vishwas Act, 2020. The new date shall be 31st January, 2021 in place of 31st December, 2020. https://www.incometaxindia.gov.in/communications/notification/notification_92_2020.pdf .....

Jan 23, 2021

Transfer of excess contribution made by Stock Exchanges from Core SGF(Settlement Guarantee Fund) of one Clearing Corporation to the Core SGF of another Clearing Corporation

SEBI vide press release no. SEBI/HO/MRD2/DCAP/CIR/P/2021/03dated 8th    January, decided to allow transfer of excess contribution made by Stock Exchanges from Core SGF of one Clearing Corporation to the Core SGF of another Clearing Corporation, in inter-operable scenario. Stock Exchanges and Clearing Corporations are advised to ensure that upon receipt of request from an Exchange in this regard, the Clearing Corporation which receives such request shall transfer directly such  excess  contribution  of the Exchange, in its Core SGF to the core SGF of another Cleari.....

Jan 23, 2021

Monthly Reporting of Portfolio Managers

SEBI vide circular No. SEBI/HO/IMD/DF1/CIR/P/2021/02 dated 8th January, 2021, has mentioned about the applicability of Monthly Reporting of Portfolio Managers 1.  Portfolio  Managers are  required  to submit  a  monthly  report regarding their portfolio management activity, on SEBI Intermediaries Portal within 7 working days of the end of each month, as per a prescribed format. 2. The provisions of this circular shall  be  applicable for monthly  reports  submitted for January 2021 onwards. https://www.sebi.gov.in/legal/circul.....

Jan 23, 2021

Creation of Security in issuance of listed debt securities and ‘due diligence’ by debenture trustee(s) - Extension of timeline for implementation

SEBI vide Notification No. SEBI/HO/MIRSD/CRADT/CIR/P/2020/254 has specified requirements with regard to creation of security in issuance of listed debt securities and due diligence to be carried out by debenture trustee(s), which were applicable from January 01, 2021. After taking into consideration the representation received from debenture trustees and the challenges arising out of the prevailing business and market conditions due to COVID-19 pandemic, it has been decided to extend the implementation date of the provisions of the aforesaid circular to April 01,2021. https://www.sebi.g.....

Jan 23, 2021

Relaxation in timelines for compliance with regulatory requirements

SEBI vide Notification No. SEBI/HO/MIRSD/DOP/CIR/P/2020/255 has decided to extend the timelines for compliance with the following regulatory requirements by the trading members / clearing members: i)  Maintenance of   call   recordings   of   orders/   instructions received from clients has been granted extension till 28th February, 2021. ii) KYC application form and supporting documents of the clients to be uploaded on system of KRA within 10 working days has been granted exclusion from January 1st, 2021 till February 28th, 2021. H.....

Jan 23, 2021

Deferring of Applicability of CARO(Companies Auditor’s Report Order), 2020

MCA wide Notification No. S.O. 4588 has further deferred the applicability of CARO(Companies Auditor’s Report Order), 2020 to FY 2021-22.http://egazette.nic.in/WriteReadData/2020/223784.pdf .....

Jan 23, 2021

Clarification on passing Ordinary and Special Resolutions by Companies

MCA wide Circular No. 39/2020 has clarified that it has been decided to allow companies to conduct their EGMs through VC or OAVM or transact items through postal ballot in accordance with the framework provided in the aforesaid Circulars upto 30th June, 2021. http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo.39_31122020.pdf .....

Jan 23, 2021

Extension of Period of Suspension of insolvency Proceedings

MCA vide Notification No. 30/33/2020 has extended the period of suspension of insolvency proceedings. IBBI stated that no application for initiation of corporate insolvency resolution process of a corporate debtor shall be filed, for any default arising on or after 25th March, 2020. Now, this period has been extended for further period of three months from 25th December, 2020 https://ibbi.gov.in//uploads/legalframwork/df55d4f612f270d6c637ee4b3c8131c8.pdf .....

Jan 23, 2021

- Section 40(a)(i) and (ia) provides for disallowance only in respect of expenditure, which is revenue in nature and therefore, provision does not apply to a case of assessee whose claim is for depreciation, which is not in nature of expenditure but an allowance. Depreciation is not an outgoing expenditure and, therefore, provisions of section 40(a)(i) and (ia) are not applicable - Vide Decision of High court of Karnataka in Principal Commissioner of Income Tax Vs. Tally Solutions (P.) Ltd.

Facts of the case: The Assessee is engaged in business of software development and sale of software product licence, software maintenance and training in software.The assessee filed the return of income for the Assessment Year 2009-10 after claiming brought forward losses and declared its income as XNIL'. The return of income was processed on 30-10-2010 and the case was selected for scrutiny and notices under section 143(2) and Section 142(1) of the Act were issued. The Assessing Officer by an order dated 27-3-2013 concluded the assessment by making certain additions and disallowed a sum o.....

Jan 23, 2021

- If after interception of conveyance with goods in transit and detention of conveyance and seizure of goods with issuance of notice under section 129(3), and when there is information about intent to evade payment of tax, it is not open to proper officer to treat notice under section 129(3) as having abated or truncate such proceedings and initiate proceedings under section 130 for confiscation with issuance of notice thereunder. Proper Officer, who has detained conveyance and seized goods, when he is able to form opinions that there is an attempt to evade payment of tax, will have to determine applicable tax and penalty under section 129 while simultaneously initiating proceedings for adjudging confiscation under section 130. If during pendency of these proceedings, a request for provisional release as contemplated under section 129(3) is submitted, same will have to be considered in light of provisions of section 129, read with section 67(6) - vide decision of High Court of Karnataka in M/s Meghdoot Logistics v. Commercial Tax Officer, Bengaluru

Facts of the case: The petitioner is a transporter and operates under a GST registration. The petitioner's case is that it was approached by M/s MK Enterprises, Delhi (the Consignor) for transportation of certain tobacco products (the Goods) to M/s SKB Trading, Salem (the Consignee). The petitioner arranged for transportation of the Goods from Delhi to Salem with appropriate Tax Invoices/e-Way Bills. The petitioner's vehicle was intercepted on 10-8-2020 at Bengaluru, and the driver/person-in-charge of the Conveyance furnished Lorry receipt, e-Way Bills and Tax Invoices. The respondent pass.....

Mar 19, 2021

Standard Operating Procedures (SOP) for implementation of the provision of suspension of GST registrations

GST vide Circular No. 145/01/2021 dated 11th February, 2021 has issued SOPs for implementation of the provision of suspension of GST Registrations. i) Suspension of Registration shall be intimated in Form GST REG-31 ii) Such notice/intimation shall be made available to the taxpayer on their dashboard on common portal in FORM GST REG-17. iii) The taxpayers, whose registrations are suspended would be required to furnish reply to the jurisdictional tax officer within thirty days in FORM GST REG-18 iv) Proper officer, post examination of the response received from the said person, may pass an ord.....

Mar 19, 2021

Basel III Framework on Liquidity Standards – Net Stable Funding Ratio (NSFR)

RBI vide notification No. RBI/2020-21/95 dated 05th February, 2021 has issued a notification with respect to implementation of Net Stable Funding Ratio(NSFR) guidelines. i) The NSFR promotes resilience over a longer-term time horizon by requiring banks to fund their activities with more stable sources of funding on an ongoing basis. ii) Scope: Applicable for all Indian Banks and Foreign banks operating as branches in India. iii) In view of the ongoing stress on account of COVID-19, it has been decided to defer the implementation of NSFR guidelines by a further period of six months. Accordingl.....

Mar 19, 2021

Maintenance of Cash Reserve Ratio (CRR)

RBI vide notification Nos. RBI/2020-21/90 dated 5th February, 2021 has decided to restore the Cash Reserve Ratio (CRR) in two phases. Banks are now required to maintain the CRR at 3.50 per cent of their Net Demand and Time liabilities (NDTL) effective from the reporting fortnight beginning March 27, 2021 and 4.00 per cent of their NDTL effective from fortnight beginning May 22, 2021.https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12020&Mode=0 .....

Mar 19, 2021

Risk-Based Internal Audit (RBIA) for NBFCs and UCBs

RBI vide notification no. RBI/2020-21/88 dated 3rd February, 2021 has decided to mandate RBIA framework for the following Non-Banking Financial Companies (NBFCs) and Primary (Urban) Co-operative Banks (UCBs): All deposit taking NBFCs, irrespective of their sizeAll Non-deposit taking NBFCs (including Core Investment Companies) with asset size of ₹5,000 crore and above; andAll UCBs having asset size of ₹500 crore and above All the applicable entities shall implement RBIA by March 31, 2022 in accordance with the Guidelines on Risk-Based Internal Audit.https://www.rbi.org.in/Scripts/Notifi.....

Mar 19, 2021

Loans and advances to directors and their relatives of UCBs

RBI vide notification no. RBI/2020-21/89 dated 05th February, 2021 has notified that UCBs shall not make, provide or renew any loans and advances or extend any other financial accommodation to or on behalf of their directors or their relatives, or to the firms / companies / concerns in which the directors or their relatives are interested. However, The following categories of director-related loans shall, however, be excluded from “loans and advances” for the purpose of these directions: i) Regular employee-related loans to staff directors, if any, on the Boards of UCBs; ii) Normal loans,.....

Mar 19, 2021

Basel III Capital Regulations- Review of transitional arrangements

RBI vide notification No. RBI/2020-21/93 dated 05th February, 2021 has issued a notification with respect to implementation last tranche of Capital Conservation Buffer (CCB). In view of the ongoing stress on account of COVID-19, it has been decided to defer the implementation of the last tranche of 0.625 per cent of the Capital Conservation Buffer (CCB) from April 1, 2021 to October 1, 2021. Accordingly, the minimum capital conservation ratios shall continue to apply till the CCB attains the level of 2.5 per cent on October 1, 2021. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=1.....

Mar 19, 2021

Extension of Due date for Declaration in respect of Tax Arrears

Income tax vide Notification No. 04/2021 dated 31st January, 2021 has notified the last date for declaration to designated authority about the tax arrears under Direct Tax Vivad se Vishwas Act, 2020. The new date shall be 28th February, 2021 in place of 31st January, 2021. https://www.incometaxindia.gov.in/co mmunications/notification/notification_0 4_2021.pdf .....

Mar 19, 2021

Master Circular for Depositories

SEBI vide Master Circular no. SEBI/HO/MRD2/DDAP/CIR/P/2021/18 dated 5th February, 2021 has issued a master circular with respect to Depositories. The Master Circular consists of four sections i.e. Beneficial Owner (BO) Accounts, Depository Participants (DP) Related, Issuer related and Depositories. https://www.sebi.gov.in/legal/mastercirculars/ feb-2021/master-circular-fordepositories_ 49029.html .....

Mar 19, 2021

Revised Framework for Innovation Sandbox

SEBI vide circular No. SEBI/HO/ITD/ITD/CIR/P/2021/16 dated 2nd February 2021, has issued a revised framework for Innovation Sandbox. SEBI had proposed a concept of “Innovation Sandbox”. Innovation Sandbox facilitates access to an environment (testing facilities and test data) provided by Enabling Organizations like Stock Exchanges, Depositories and Qualified Registrar and Share Transfer Agents (QRTAs)where in innovators (hereinafter referred to as Sandbox Applicants) would be testing their innovations in isolation from the live market and would be used for offline testing of the proposed .....

Mar 19, 2021

Revision of Monthly Cumulative Report (MCR)

SEBI vide Circular no. SEBI/HO/IMD/DF3/CIR/P/2021/014 dated 29th January, 2021 has issued a circular on monthly Cumulative Report (MCR). Pursuant to introduction of a new scheme category and to bring transparency in reporting of segregated portfolios, it has been decided to modify MCR format from January 2021 onwards. The revised format can be referred through the following link: https://www.sebi.gov.in/legal/circulars/jan-2021/circular-on-revision-of-monthly-cumulative-report_48927.html .....

Mar 19, 2021

Relaxation on Levy of Additional fees in filing of e-form AOC-4

MCA wide Circular No. 04/2021 has decided not to levy additional fees upto 15th February, 2021 for the filing of e-forms AOC-4, AOC-4(CFS), AOC-4 XBRL and AOC-4 Non-XBRL in respect of the financial year ended 31st March, 2020. During the said period, only normal fees shall be payable for the filing of the e-forms. http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo.4_29012021.pdf .....

Mar 19, 2021

Online Application to the Board under Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019.

IBBI vide Circular No. IBBI/II/39/2021 has made available the facility on its website for providing a copy of application to the Board by the applicant under Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019. https://ibbi.gov.in//uploads/legalframwork/8d38ca4dc37264636b22daa2a3c637ba.pdf .....

Mar 19, 2021

Where petitioner-university, with a view to avail exemption under section 10(23C)(vi) for assessment year 2019-20 and onwards, filed related application in Form No. 56D before Commissioner (Exemptions), however, same was rejected by him on ground that application was filed beyond prescribed time-limit and that he had no jurisdiction to condone delay in filing of such delayed application, since there is no provision for extension of limitation period or for condonation of delay in filing application for grant of exemption under section 10(23C), Commissioner (Exemptions) was justified in rejecting said application for assessment year 2019-20. However, he certainly fell in error in not considering said application for subsequent assessment years. Because even if said application was filed with delay for assessment year 2019-20, it was before prescribed date for subsequent assessment year. Vide Decision of High court of Bombay in Sanjay Ghodawat University, Kolhapur, Vs. Commissioner of Income Tax (Exemptions)

Facts of the case: The assessee is a university called Sanjay Ghodawat University, Kolhapur established by an act of the State Legislature of Maharashtra and which became operational on and from 13-7-2017. 2. It is stated that because of heavy rainfall and resultant food in different parts of the country, Central Board of Direct Taxes (CBDT) passed an order dated 27-9-2019 under section 119 of the Income-tax Act, 1961 (briefly "the act" herein-after) extending the due date for fling of income tax returns as well as reports of audit for the assessment year 2019-20 from 30-9-2019 to 31-10-20.....

Mar 19, 2021

1. Capital Subsidy received by the recipient is liable to GST. 2. The GST will have to be paid on the goods if the supply qualifies to be a supply of 'composite supply' in terms of definition under Section 2(119) of the Central Goods and Services Tax Act, 2017(Works Contract) where the principal supply is ' supply of goods' not supply of service'. 3. If there is a 'composite supply' where the predominant supply/principal supply is 'supply of goods', then invoice should be raised as per the provisions of Section 31 of the CGST Act, 2017.- vide decision of Authority for Advance Ruling, Odisha - Applicant: M/s Surya Roshni LED Lighting Projects Limited

Facts of the case: The applicant is engaged in the business of executing Greenfield street lighting project. The Government of Odisha, through the Housing and Urban Development Department, the Urban Infrastructure Development Fund and the Directorate of Municipal Administration has decided to develop an energy efficient street lighting system covering new and upcoming road stretches in Greenfield areas of Odisha on a Public Private Partnership basis.The Applicant has made a successful bid for the said tender and has consequently entered into an agreement on 29.12.2018 for design, supply, i.....

Mar 19, 2021

Extension of due date for filing Annual return under CGST Act, 2017

GST vide Notification No. 04/2021 dated 28th February, 2021 has extended the due date for filing GSTR-9 and GSTR-9C for FY 2019-20 to 31st March, 2021. https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-95-central-tax-english-2020.pdf .....

Mar 19, 2021

Clarification in respect of applicability of Dynamic Quick Response (QR) Code on B2C invoices

GST vide Circular No. 146/02/2021-GST dated 23rd February, 2021 has issued that QR Code shall be applicable on B2B invoices for taxpayers whose aggregate turnover exceeds Rs. 500 crores from 1st April, 2021. https://www.cbic.gov.in/resources//htdocs-cbec/gst/Circular_Refund_146.pdf .....

Mar 19, 2021

Applicability of e-invoice to Notified Persons in respect of supply of goods or services or both to a registered person

GST vide Notification 05/2021 dated 8th March, 2021 has notified that e-invoice shall be applicable to the notified persons whose aggregate turnover exceeds Rs. 50 crores in a single financial year from 1st April, 2021. https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-05-central-tax-english-2021.pdf .....

Mar 19, 2021

Remittances to International Financial Services Centres (IFSCs) in India under the Liberalised Remittance Scheme (LRS)

RBI vide notification No. RBI/2020-21/99 dated 16th February, 2021 has issued a notification with respect to remittances to IFSCs under LRS. It has been decided to permit resident individuals to make remittances under LRS to IFSCs set up in India through AD Category- I Banks, subject to the following conditions: i) The remittance shall be made only for making investments in IFSCs in securities, other than those issued by entities resident (outside IFSC) in India. ii) Resident Individuals may also open a non interest bearing Foreign Currency Account (FCA) in IFSCs, for making the above permiss.....

Mar 19, 2021

Capital and provisioning requirements for exposures to entities with Unhedged Foreign Currency Exposure(UFCE)

RBI vide notification Nos. RBI/2020-21/100 dated 17th February, 2021 has issued guidelines that information on UFCE may be obtained by banks from entities on a quarterly basis and on self-certification basis. A representation has been received from banks expressing their inability in obtaining UFCE certificates from listed entities for the latest quarter due to restrictions on disclosure of such information prior to finalisation of accounts. In view of this, it has been decided that in such cases, banks may use data pertaining to the immediate preceding quarter for computing capital and provi.....

Mar 19, 2021

Investment by Foreign Portfolio Investors (FPI) in Defaulted Bonds – Relaxations

RBI vide notification no. RBI/2020-21/105 dated 26th February, 2021 has notified relaxations relating to investment by foreign portfolio investors (FPI) in defaulted bonds. It has now been decided to exempt investments by FPI in Non-Convertible Debentures/bonds which are under default, either fully or partly, in the repayment of principal on maturity or principal instalment in the case of amortising bond. https://www.rbi.org.in/Scripts/Notificatio nUser.aspx?Id=12037&Mode=0 .....

Mar 19, 2021

Data Format for Furnishing of Credit Information to Credit Information Companies and other Regulatory Measures

RBI vide Notification No. RBI/2020- 21/106 has decided to modify the format for furnishing the Credit Information to Credit Information Companies. The following formats are modified: i. Consumer Bureau: The label of the field ‘Written off and Settled status’ is modified as ‘Credit Facility Status’ and it will also have a new catalogue value, viz., ‘Restructured due to COVID-19’. ii. Commercial Bureau: The existing field ‘Major reasons for restructuring’ will have a new catalogue value, viz., ‘Restructured due to COVID-19’. iii. MFI Bureau: The existing field ‘Account sta.....

Mar 19, 2021

Extension of Due date for Declaration in respect of Tax Arrears

Income tax vide Notification No. 09/2021 dated 31st March, 2021 has notified the last date for declaration to designated authority about the tax arrears under Direct Tax Vivad se Vishwas Act, 2020. The new date shall be 31st March, 2021 in place of 28th February,2021. https://www.incometaxindia.gov.in/co mmunications/notification/notification_9 _2021.pdf .....

Mar 19, 2021

Residential status of certain individuals under Income-tax Act, 1961

Income Tax vide Circular No. 2/2021 dated 3rd March, 2021 has issued guidelines w.r.t Residential Status under Section 6 of the Income Tax Act, 1961. The guidelines relating to Residential Status for previous years 2019-20 and 2020-21 can be accessed from the following link: https://incometaxindia.gov.in/communications/circular/residency-circular-02-of-2021.pdf .....

Mar 19, 2021

Master Circular on Surveillance of Securities Market

SEBI vide Master Circular no. SEBI/HO/ISD/ISD/CIR/P/2021/22 dated 1st March, 2021 has issued a master circular with respect to Surveillance of Securities Market. In order to enable the users to have an access to all the applicable circulars at one place, the Master Circular on Surveillance of Securities Market has been prepared. https://www.sebi.gov.in/legal/master-circulars/mar-2021/master-circular-on-surveillance-of-securities-market_49354.html .....

Mar 19, 2021

Code of Conduct & Institutional mechanism for prevention of Fraud or Market Abuse

SEBI vide circular No. SEBI/HO/MRD/DCAP/CIR/P/2021/23 dated 3rd March, 2021 has decided that the Code of Conduct and Institutional Mechanism for prevention of fraud or market abuse shall be applicable to Stock Exchanges, Clearing Corporations and Depositories. Accordingly, Institutions shall formulate a Code of Conduct to regulate, monitor and report trading by their designated persons towards achieving compliance with the PIT(Prohibition of Insider Trading) Regulations. https://www.sebi.gov.in/legal/circulars/mar-2021/code-of-conduct-and-institutional-mechanism-for-prevention-of-fraud-or-.....

Mar 19, 2021

Filing of list of stakeholders under clause (d) of sub-regulation (5) of regulation 31 of the IBBI (Liquidation Process) Regulations, 2016

IBBI vide Circular No. IBBI/LIQ/40/2021 requires the liquidator to file the list of stakeholders of the respective corporate debtor under liquidation on the electronic platform of the Board for dissemination on its website. The purpose of this requirement is to improve transparency and enable stakeholders to ascertain the details of their claims at a central platform. https://ibbi.gov.in//uploads/legalframwork/8d38ca4dc37264636b22daa2a3c637ba.pdf .....

Mar 19, 2021

Where assessee had invested sale consideration on transfer of Capital Asset in purchasing a new residential property in name of his married widowed daughter, Assessing Officer to grant exemption under section 54F on such amount invested in his daughter's name. Vide Decision of Income Tax Appellate Tribunal of Bangalore in Krishnappa Jayaramaiah Vs. Income Tax Officer, Ward 6(3)(4), Bangalore

Facts of the case: 1. The assessee filed Return of Income declaring total income at Rs. 2,96,430 under the head 'house property', 'income from capital gain' and 'income from other sources'. 2. The assessee claimed deduction u/s 54F of the Act for the investment made in a residential property, in the name of his widowed daughter Smt. J. Shylaja. 3. The assessee submitted before the A.O. that the property under question was received by inheritance by way of partition. The legal heirs of the property are the assessee, his wife, son and widowed daughter. All legal heirs have executed sale dee.....

Mar 19, 2021

Assessee was required to file necessary GST TRAN-1. While filing said Form, instead of entering details under column 7(a), assessee erroneously entered details against column 7(d) which would apply only in cases of stock of goods not supported by invoices/documents evidencing payment of tax. However, assessee was very much having necessary invoices/documents evidencing payment of tax. Since assessee did not correctly enter details, assessee was not given consequential credit under new GST regime. After assessee realized same, it submitted request before Assistant Commissioner to do needful. Assessee furnished all necessary details. However, Assistant Commissioner informed assessee that it was not possible for them to consider assessee's request in absence of any specific Court order. Whether since assessee had filed FORM GST TRAN-1 in time and his only grievance was that he was being denied benefit of input tax credit for having entered details in wrong column, Assistant Commissioner was to be directed to accept said request of assessee and do needful. - vide decision of High Court of Madras in Ram Auto v. Commissioner of Central Taxes & Central Excise, Madurai.

Facts of the case: The petitioner is a dealer in two wheelers. Assessee was registered under Tamil Nadu Value Added Tax Act, 2006. The petitioner was having input tax credit to the tune of Rs. 4,85,684/-.Following the introduction of GST regime, transition and migrations from the earlier system had to be made. The petitioner like any other dealer was required to file the necessary GST TRAN-1.While filing the said Form, instead of entering the details under column 7(a), the petitioner erroneously entered the details against column 7(d). The column 7(d) would apply only in cases of stock of .....

Sep 15, 2021

Waiver of Penalty to registered person for Non-Compliance of Issuance of Dynamic Quick Response Code (QR)

GST vide Notification No. 06/2021 dated 30th March, 2021 has waived the penalty to registered person for non-issuance of Dynamic Quick Response Code (QR) to un-registered person if the turnover exceeds Five Hundred Crores subject to exceptions till 30th June, 2021. https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-89-central-tax-english-2020.pdf .....

Sep 15, 2021

Extension of Framework for processing of e-mandates for recurring online transactions

RBI vide notification No. RBI/2020-21/118 dated 31st March, 2021 has extended the timeline for registration of e-mandates by the stakeholders for recurring online transactions using cards / wallets / Unified Payments Interface. Keeping in view the requests of some stakeholders and to prevent any inconvenience to customers, RBI has decided to extend the timeline for ensuring full compliance to the framework till September 30, 2021. During the extended timeline, no new mandate for recurring online transactions shall be registered by stakeholders, unless such mandates are compliant with the fram.....

Sep 15, 2021

Priority Sector Lending (PSL) - Lending by banks to NBFCs for On-Lending

RBI vide Notification no. RBI/2021-22/15 dated 7th April, 2021 has extended the PSL Classification w.r.t lending by banks to NBFCs.With a view to ensure continued availability of credit to these sectors to aid faster economic recovery, it has been decided to extend the PSL classification for lending by banks to NBFCs for on-lending up to September 30, 2021. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12069&Mode=0 .....

Sep 15, 2021

Asset Classification and Income Recognition following the expiry of Covid-19 regulatory package

RBI vide Notification No. RBI/2021-22/17 has notified the Asset Classification and Income Recognition following the expiry of Covid-19 regulatory package. I. Refund/adjustment of ‘interest on interest’ i. All lending institutions shall immediately put in place a Board-approved policy to refund/adjust the ‘interest on interest’ charged to the borrowers during the moratorium period, i.e. March 1, 2020 to August 31, 2020 in conformity with the above judgement. ii. Methodology for calculation of the amount to be refunded/adjusted for different facilities shall be finalized by the Indian B.....

Sep 15, 2021

WMA Limit for Government of India for the first half of the Financial Year 2021-22

RBI vide Press Release No. 2020-2021/1337 has decided, in consultation with the Government of India, that the limits for Ways and Means Advances (WMA) for the first half of the financial year 2021-22 (April 2021 to September 2021) will be ₹1,20,000 crore.The RBI also stated that it may trigger fresh floatation of market loans when the Government of India utilises 75 per cent of the WMA limit. The interest rate on WMA and overdraft will be: i. WMA: Repo Rate ii.Overdraft: Two percent above the Repo Rate https://www.rbi.org.in/Scripts/BS_PressRe leaseDisplay.aspx?prid=51363 .....

Sep 15, 2021

Enhancement of limit of maximum balance per customer of Payments Banks(PBs)

RBI vide Notification No. RBI/2021-22/20 has enhanced the limit of maximum balance per customer of Payment Banks (PBs) at the end of the day from ₹1 lakh to ₹2 lakh per individual customer with immediate effect. https://www.rbi.org.in/Scripts/Notification User.aspx?Id=12074&Mode=0 .....

Sep 15, 2021

Interest Equalization Scheme on Pre and Post Shipment Rupee Export Credit- Extension

RBI vide Notification No. RBI/2021-22/2 has approved the extension of Interest Equalization Scheme for pre and post-shipment Rupee exportcredit, with same scope and coverage, for three more months i.e.,up to June 30, 2021. The extension takes effect from April 01, 2021, and ends on June 30, 2021 covering a period of three months https://www.rbi.org.in/Scripts/Notification User.aspx?Id=12074&Mode=0 .....

Sep 15, 2021

Reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance

Income tax vide Circular No. 05/2021 dated 25th March, 2021 has notified that the reporting under clause 30C and clause 44 of the tax audit report which relates to impermissible avoidance arrangement and Break up of total expenditure of entities registered or not registered under the GST shall be kept in abeyance till 31st March,2022. https://www.incometaxindia.gov.in/communications/circular/circular_no_5_2021.pdf .....

Sep 15, 2021

Applicability of Forms 3CEAC, 3CEAD and 3CEAE

Income Tax vide Notification No. 31/2021 dated 5th April, 2021 has notified the limit for the consolidated group revenue of the international group in Rule 10DB(6). Furnishing report in respect on the international group is not applicable if consolidated group revenue in the preceding accounting year doesn’t exceed six thousand four hundred crore rupees. https://www.incometaxindia.gov.in/communications/notification/notification_31_2021.pdf .....

Sep 15, 2021

Guidelines pertaining to Surrender of FPI Registration

SEBI vide Circular no. SEBI/ HO/ IMD/ FPI&C/ CIR/ P/ 2021/045 dated 30th March, 2021 has stated that while making an application to SEBI for seeking “No Objection Certificate” (NOC) for surrender, the DDP(Designated Depository Participant) shall confirm the following with respect to the FPI: i)Accounts held by the applicant in the capacity of FPI have NIL balance and are blocked for further transactions. ii)There are no dues/ fees pending towards SEBI. iii)There are no actions/ proceedings pending against the said applicant. iv)The CP code of the FPI is also blocked https://www.seb.....

Sep 15, 2021

Setting up of Limited Purpose Clearing Corporation (LPCC) by Asset Management Companies (AMCs) of Mutual Funds

SEBI vide circular No. SEBI/HO/IMD/IMD-1DOF2/P/CIR/2021/0548 dated 6th April, 2021 has decided to amend the amount of contribution from AMCs towards share capital of LPCC. In consideration of the representation received from AMFI, it has been decided that the contribution of AMCs shall be based on Average AUM (Assets under Management) of debt-oriented schemes for the Financial Year (FY) 2020-21. https://www.sebi.gov.in/legal/circulars/apr-2021/setting-up-of-limited-purpose-clearing-corporation-lpcc-by-asset-management-companies-amcs-of-mutual-funds_49770.html .....

Sep 15, 2021

Regulatory reporting by AIFs (Alternative Investment Funds)

SEBI vide circular No. SEBI/HO/IMD/IMD-I/DOF6/CIR/2021/549 dated 7th April, 2021 has decided that all AIFs shall submit report on their activity as an AIF to SEBI on quarterly basis within 10 calendar days from the end of each quarter. https://www.sebi.gov.in/legal/circulars/apr-2021/circular-on-regulatory-reporting-by-aifs_49788.html .....

Sep 15, 2021

Amendment to Schedule V of the Companies Act., 2013

MCA wide Notification dated 18th March, 2021 has made amendments to the Schedule V of the Companies Act, 2013. The amendments can be referred through the following link: http://www.mca.gov.in/Ministry/pdf/AmendmentNotification_19032021.pdf .....

Sep 15, 2021

Amendment to Schedule III of the Companies Act., 2013

MCA wide Notification dated 24th March, 2021 has made amendments to the Schedule III of the Companies Act, 2013.The amendments can be referred through the following link: http://www.mca.gov.in/Ministry/pdf/ScheduleIIIAmendmentNotification_24032021.pdf .....

Sep 15, 2021

Reporting of status of ongoing corporate insolvency resolution processes (CIRPs) through Form CIRP 7

IBBI vide Circular No. IBBI/CIRP/41/2021 dated 18th March, 2021 has issued guidelines w.r.t filing of Form CIRP-7.Regulation 40B of the CIRP regulations require an interim resolution professional (IRP) / resolution professional (RP) to file a set of forms (CIRP 1 to CIRP 6) within seven days of completion of specific activities to enable monitoring progress of CIRP.This implies that Form (CIRP 1 to CIRP 6) would not be filed until the related activity is not completed for whatever reason. This makes monitoring of progress difficult. Regulation 40B of CIRP regulations require filing of Form CI.....

Sep 15, 2021

Notification under section 4 of the Insolvency and Bankruptcy Code, 2016 for Chapter III-A

IBBI vide Notification No. 30/20/2020 dated 9th April, 2021 has specified ten lakh rupees as the minimum amount of default for the matters relating to the pre-packaged insolvency resolution process of corporate debtor under Chapter III-A of the Code. https://ibbi.gov.in//uploads/legalframwork/e9b1c4b3489e51213db701b27222b474.pdf .....

Sep 15, 2021

There is no requirement for a notice to be issued under section 143(2) for completion of an assessment under section 153C and thus, question of adhering to time limit prescribed under proviso to section 143(2) does not arise

vide Decision of High Court of Madras in B. Kubendran v. Deputy Commissioner of Income Tax, Central Circle 2(1), Chennai. Facts of the case: 1. The petitioner, an assessee challenges six orders of assessment passed by the Deputy Commissioner of Income Tax, Central Circle 2 (1)(respondent). The petitioner splits the impugned orders into two batches, 2012-13, 2013-14, 2014-15 and 2017-18 being batch I and 2015-16, 2016-17 being batch II. 2. A search was conducted in the premises of C. Vijayabaskar on 7-4-2017. All files relating to the searched entity as well as those associated to him were cen.....

Sep 15, 2021

Where assessee who was registered under Gujarat Value Added Tax Act, 2003 was granted provisional registration certificate in terms of section 139 under GST Act on basis of registration under VAT Act but due default in filing returns under VAT Act registration of applicant under VAT Act was cancelled and based on such cancellation, provisional registration of applicant under GST Act was also blocked/inactivated and final registration was not granted to applicant under GST Act, it was held that respondent-Authorities were directed to unblock/activate registration of applicant under GST Act and grant final registration certificate under GST Act and permit applicant to upload returns and pay tax under GST Act

vide decision of High Court of Gujarat in JAP Modular Furniture Concepts (P.) Ltd. v. State of Gujarat Facts of the case: The writ applicants are engaged in the business of import and sale of furniture.The writ applicants were registered under the Gujarat Value Added Tax Act, 2003. Section 139 of the Central/Gujarat Goods and Services Tax Act, 2017 allowed migration of registration from earlier regime to the GST regime and provisional registration certificate was granted. The Chartered Accountant of the writ applicants committed default in filing the returns under the VAT Act on account.....

Sep 15, 2021

Extension of due date for furnishing the details of outward supplies under CGST Act, 2017

GST vide Notification No. 12/2021 dated 1st May, 2021 has extended the due date for filing Form GSTR-1 for the month of April till 26th May, 2021. https://cbic-gst.gov.in/pdf/central-tax/notfctn-12-central-tax-english-2021.pdf .....

Sep 15, 2021

Extension of due date for filing Form GSTR-4 under CGST Act, 2017

GST vide Notification No. 10/2020-21 dated 1st May, 2021 has extended the due date for filing Form GSTR-4 for FY 2020-21 till 31st May, 2021 https://cbic-gst.gov.in/pdf/central-tax/notfctn-10-central-tax-english-2021.pdf .....

Sep 15, 2021

Extension of due date for filing Form GSTR-3B under CGST Act, 2017

GST vide Notification No. 08/2021 dated 1st May, 2021 has extended the due date for filing Form GSTR-3B for the months of March, 2021 and April, 2021. Please refer the link below for the extended dates: https://cbic-gst.gov.in/pdf/central-tax/notfctn-08-central-tax-english-2021.pdf .....

Sep 15, 2021

Corporate Governance in Banks - Appointment of Directors and Constitution of Committees of the Board

RBI vide notification No. RBI/2021-22/24 dated 26th April, 2021 has issued instructions with regard to the meetings of the board, composition of certain committees of the board, age, tenure and remuneration of directors, and appointment of the whole-time directors (WTDs). The revised instructions would be applicable to all the Private Sector Banks including Small Finance Banks (SFBs) and wholly owned subsidiaries of Foreign Banks. The circular will not be applicable in the case of foreign banks operating as branches in India. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12078&am.....

Sep 15, 2021

Guidelines for Appointment of Statutory Central Auditors (SCAs)/Statutory Auditors (SAs) of Commercial Banks (excluding RRBs), UCBs and NBFCs (including HFCs)

RBI vide Notification no. RBI/2021-22/25 dated 27th April, 2021 has issued guidelines w.r.t appointment of Statutory Central Auditors (SCAs)/Statutory Auditors (SAs) of Commercial Banks (excluding RRBs), UCBs and NBFCs (including HFCs). These guidelines will be applicable to the Commercial Banks (excluding RRBs), UCBs and NBFCs including HFCs for Financial Year 2021-22 and onwards in respect of appointment/reappointment of SCAs/SAs of the Entities. Non-deposit taking NBFCs with asset size below ₹1,000 crore have the option to continue with their existing procedure.As RBI guidelines regar.....

Sep 15, 2021

Sponsor Contribution to an AIF set up in Overseas Jurisdiction, including IFSCs

RBI vide Notification No. RBI/2021-22/38 dated 12th May, 2021 has notified that any sponsor contribution from a sponsor IP to an Alternative Investment Fund (AIF) set up in an overseas jurisdiction, including International Financial Services Centres (IFSCs) in India will be treated as Overseas Direct Investment (ODI). https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11872&Mode=0 .....

Sep 15, 2021

Interest rates payable on unclaimed interest-bearing deposit

RBI vide Notification No. RBI/2021-2022/37 dated 11th May, 2021 has decided that the rate of interest payable by banks to the depositors/claimants on the unclaimed interest-bearing deposit amount transferred to the Depositor Educationand Awareness Fund shall be 3 per cent simple interest per annum. Accordingly, all the banks are advised to calculate the interest payable on interest bearing deposits transferred to RBI at the rate of 4 per cent p.a. up to June 30, 2018, 3.5 per cent w.e.f. July 1, 2018 up to May 10, 2021 and at 3 .....

Sep 15, 2021

Credit to MSME Entrepreneurs

RBI vide Notification No. RBI/2021-22/30 dated 5th May,2021 has decided to extend the exemption for credit disbursement of MSME Entrepreneurs. 1.Scheduled Commercial Banks were allowed to deduct the amount equivalent to credit disbursed to new MSME borrowers from their Net Demand and Time Liabilities (NDTL) for calculation of the Cash Reserve Ratio (CRR). This exemption was available up to ₹ 25 lakh per borrower for the credit disbursed up to the fortnight ending October 1, 2021. 2.It has been decided to extend this exemption for such credits disbursed up to the fortnig.....

Sep 15, 2021

RBI announces rate of interest on Government of India Floating Rate Bond, 2024

RBI vide Press Release No. 2021-2022/172 dated 6th May, 2021 has notified that the rate of interest on Government of India Floating Rate Bond, 2024 (FRB 2024) applicable for the half year May 07, 2021 to November 06, 2021 shall be 3.51 percent per annum https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=51537 .....

Sep 15, 2021

Extension of timelines related to certain compliances by the Taxpayers under the Income-tax Act 1961

Income tax vide Circular No. 08/2021 dated 30th April, 2021 has notified extension of various timelines under the Income-tax Act, 1961. Filing of belated return under Section 139(4) and revised return under Section 139(5) of the Income-tax Act,1961 for Assessment Year 2020-21, which was required to be filed on or before 31 " March 2021 should be filed on or before 31" May 2021.Payment of tax deducted under Section 194-IA, Section 194-IB and Section 194M of the Income-tax Act, 1961 and filing of challan-cum-statement for such tax deducted, which are required to be paid and furnished by 30th.....

Sep 15, 2021

Extension of Due date for Declaration in respect of Tax Arrears

Income tax vide Notification No.39/2021 dated 27th April, 2021 has to designated authority about the tax arrears under Direct Tax Vivad see Vishwas Act, 2020. The new date shall be 30th June, 2021 in place of 30th April, 2021. https://incometaxindia.gov.in/communications/notification/notification_39_2021.pdf .....

Sep 15, 2021

Applicability of Mode of Undertaking Transactions under Section 269ST of Income Tax Act, 1961

Income tax vide Notification No. 56/2021 dated 7th May, 2021 has notified Hospitals, Dispensaries, Nursing Homes, Covid Care Centres or similar other medical facilities providing Covid treatment to patients in the proviso to Section 269ST of the Income-tax Act,1961 for payment received in cash during 01.04.2021 to 31.05.2021 https://incometaxindia.gov.in/communications/notification/notification_56_2021.pdf .....

Sep 15, 2021

Timelines for updation of Scheme Information Document (SID)and Key Information Memorandum (KIM)

SEBI vide Circular no. SEBI/HO/IMD/IMD-IDOF2/P/CIR/2021/0560 dated 30th April, 2021 has decided that the updation of SID and KIM for the half-year ended March, 2021 shall be completed by May 31, 2021 https://www.sebi.gov.in/legal/circulars/apr-2021/timelines-for-updation-of-scheme-information-document-sid-and-key-information-memorandum-kim-_50020.html .....

Sep 15, 2021

Business responsibility and sustainability reporting by listed entities

SEBI vide circular No. SEBI/HO/CFD/CMD-2/P/CIR/2021/562 dated 10th May, 2021 has stated that reporting of company’s performance on sustainability related factors has become as vital as reporting on financial and operational performance. With effect from the financial year 2022-2023, filing of Business   Responsibility   and   Sustainability   Report shall be mandatory for the top 1000 listed companies (by market capitalization) and shall replace the existing Business Responsibility Report https://www.sebi.gov.in/legal/circulars/may-2021/business-responsibility-and-sustainability.....

Sep 15, 2021

Procedure for seeking prior approval for change in control of SEBI registered Portfolio Managers

SEBI registered Portfolio Managers SEBI vide circular No. SEBI/HO/IMD/IMD-I/DOF1/P/CIR/2021/564 dated 12th May, 2021 has stated that Regulation 11(aa) of SEBI(Portfolio Managers) (Second  Amendment)  Regulations,  2021 provides that a Portfolio Manager shall obtain prior approval of SEBI in case of change in control in such manner as may be specified by SEBI. Accordingly, it has been decided that all SEBI registered Portfolio Managers shall comply with the following in case they propose change in control: An online application shal.....

Sep 15, 2021

Clarification on spending of CSR funds for setting up makeshift hospitals, temporary covid care facilities.

MCA vide Circular No. 05/2021 dated 22nd April, 2021 has clarified that spending of CSR funds for 'setting up makeshift hospitals and temporary COVID Care facilities ' is an eligible CSR activity under Schedule VII of the Companies Act, 2013 relating to promotion of health care, including preventive health care, and, disaster management. http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo5_22042021.pdf .....

Sep 15, 2021

Clarification on spending of CSR funds for creating health infrastructure for covid care, establishment of medical oxygen generation and storage plants etc.

MCA vide Circular No. 09/2021 dated 05th May, 2021 has clarified that spending of CSR funds for ‘creating health infrastructure for COVID care’, ‘establishment of medical oxygen generation and storage plants’, ‘manufacturing and supply of Oxygen concentrators, ventilators, cylinders and other medical equipment for countering COVID-19’ or similar such activities are eligible CSR activities under Schedule VII of the Companies Act, 2013 relating to promotion of health care, including preventive health care and disaster management. http://www.mca.gov.in/Ministry/pdf/GeneralCircula.....

Sep 15, 2021

Meetings of board - clarification regarding gap between two board meetings

MCA vide Circular No. 08/2021 dated 03th May, 2021 has decided that the gap between two consecutive meetings of the Board now extends to 180 days during the Quarter - April to June 2021 and Quarter-July to September, 2021, instead of 120 days as required in the Companies Act, 2013. http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo8_03052021.pdf .....

Sep 15, 2021

Relaxation on levy of additional fees in filing of certain forms under Companies act, 2013 and LLP act, 2008

MCA vide Circular No. 06/2021 dated 03th May, 2021 has notified that no additional fees shall be levied upto 31st July, 2021 for the delayed filing of forms (other than CHG-1 Form, CHG-4 Form and CHG-9 Form) which were/would be due for filing during 1st April, 2021 to 31st May, 2021. For such delayed filings upto 31st July, 2021 only normal fees shall be payable. http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo6_03052021.pdf .....

Sep 15, 2021

Where assessee offered capital gain on sale of a property and assessment completed accordingly but reassessment was initiated on ground registering authority had not accepted value of land as per sale deed , since manner in which sale deed was valued by assessee and stamp duty paid at time of registration as well as appeal filed under section 47A of Indian Stamp Act and actual market value prevailing during relevant point of time with reference to subject property provides new information and additional material which were not considered at time of original assessment, reopening by AO was in consonance with provisions of section 147.

vide Decision of High Court of Madras in GE T&D India Ltd. v. Deputy Commissioner of Income Tax, Chennai. Facts of the case: The petitioner is a listed Company incorporated on 13.03.1957 and is engaged in the business of manufacturing of heavy electrical equipment and0020executes projects involving transmission and distribution of power and other turnkey projects.The learned counsel appearing for the petitioner, with reference to theissues, contended that the initiation of proceedings under Section 147 of the Income Tax Act itself is untenable, in view of the fact that there is no e.....

Sep 15, 2021

Where members of applicant club contribute by way of subscription fees and infrastructure development fund which is used for purposes of provision of services and foods and a reading room, library, chambers for accommodating family and guests, etc., it is held that unless the amendment under section 7 of the CGST Act, 2017 is notified the applicant is not liable to pay GST on subscription fees and infrastructure development fund collected from members on the basis of principle mutuality

vide decision of Authority for Advance Rulings, KarnatakaApplicant: Bowring Institute, Bengaluru Facts of the case: The applicant is a club and a non-profit organization established by the British in the year 1868 as a literary and scientific society. It is a members-club as opposed to a proprietary club. The members contribute by way of subscription fees and infrastructure development fund which is used for the purposes of provision of services and goods and a reading room, library, chambers for accommodating family and guests, a bar and sports facilities. The applicant is collecting G.....

Sep 16, 2021

Extension of due date for furnishing the details of outward supplies under CGST Act, 2017

GST vide Notification No. 17/2021 dated 1st June, 2021 has extended the due date for filing Form GSTR-1 for the month of May till 26thJune, 2021. https://cbic-gst.gov.in/pdf/central-tax/notfctn-17-central-tax-english-2021.pdf .....

Sep 16, 2021

Extension of due date for filing Form GSTR-4 under CGST Act, 2017

GST vide Notification No. 25/2021 dated 1st June, 2021 has extended the due date for filing Form GSTR-4 for FY 2020-21 till 31st July, 2021. https://cbic-gst.gov.in/pdf/central-tax/notfctn-25-central-tax-english-2021.pdf .....

Sep 16, 2021

Extension of due date for furnishing of FORM ITC-04 for Quarter Ending March, 2021

GST vide Notification No. 25/2021 dated 1st June, 2021 has extended the due date for filing Form ITC-04 for quarter ending March,2021 to 30th June, 2021. https://cbic-gst.gov.in/pdf/central-tax/notfctn-26-central-tax-english-2021.pdf .....

Sep 16, 2021

Master Direction – Reserve Bank of India (Certificate of Deposit) Directions, 2021

RBI vide notification No. RBI/2021-22/79 dated 4th June, 2021 has issued master direction on Certificate of Deposits. The eligible issuers of Certificate of Deposits are: Scheduled Commercial BanksRegional Rural Banks andSmall Finance Banks The circular can be referred through the following link: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12108&Mode=0 .....

Sep 16, 2021

Risk Based Internal Audit (RBIA) for Housing Finance Companies(HFCs)

RBI vide Notification no. RBI/2021-22/53 dated 11th June, 2021 has decided that the Risk based Internal Audit(RBIA) shall be applicable to the following Housing Finance Companies (HFCs): All deposit taking HFCs, irrespective of their sizeNon-deposit taking HFCs with asset size of ₹5,000 crore and above The applicable Housing Finance Companies (HFCs) shall comply with the framework by 30th June, 2022 https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12079&Mode=0 .....

Sep 16, 2021

Investment by Foreign Portfolio Investors (FPI) in Government Securities

RBI vide Notification No. RBI/2021-22/44 dated 31st May, 2021 has notified the investment limits by FPIs in government securities for FY 2021-22 as follows: The limits for FPI investment in Government securities (G-secs) and State Development Loans (SDLs) shall remain unchanged at 6% and 2% respectively, of outstanding stocks of securities for FY 2021-22All investments by eligible investors in the ‘specified securities’ shall be reckoned under the Fully Accessible Route (FAR)The allocation of incremental changes in the G-sec limit over the two sub-categories – ‘General’ and ‘Lo.....

Sep 16, 2021

Rate of interest on Government of India Floating Rate Bonds, 2031

RBI vide Press Release No. 2021-2022/325 dated 4th June, 2021 has specified the applicable rate of interest of Government of India Floating Rate Bonds, 2031. The rate of interest on Government of India Floating Rate Bonds, 2031 (GOI FRB 2031) applicable for the half year June 7, 2021 to December 6, 2021 shall be 4.59 percent per annum. https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=51690 .....

Sep 16, 2021

Extension of time lines related to compliances by the Taxpayers under the Income-tax Act 1961

Income tax vide Circular No. 09/2021 dated 20th May, 2021 has notified extension of various timelines under the Income-tax Act, 1961. The due date of furnishing of Return of Income for AY 2021-22, which is 31st July 2021 under Section 139(1) of the Act, is extended to 30th September 2021.The due date of furnishing of Audit Report under the Act for PY 2020-21, which is 30th September 2021, is extended to 31st October 2021The due date of furnishing Report from an Accountant by persons entering into international transaction or specified domestic transaction under section 92E of the Act for P.....

Sep 16, 2021

Computation of Fair Market Value of Capital Assets for the purposes of section 50B of the Income-tax Act

Income tax vide Notification No.68/2021 dated 24th May, 2021 has notified the Computation of Fair Market Value of Capital Assets for the purposes of Section 50B of the Act. Rule 11UAE of Income Tax Rules explains the criteria for computation of Fair market Value of Capital Assets for Slump Sale. https://incometaxindia.gov.in/communications/notification/notification_68_2021.pdf .....

Sep 16, 2021

Enhancement of overall limit for overseas investment by Alternative Investment Funds (AIFs)/Venture Capital Funds (VCFs)

SEBI vide Circular no. SEBI/HO/IMD/DF6/CIR/P/2021/565 dated 21st May, 2021 has increased the overall limit for overseas investment by AIFs and VCFs.SEBI registered AIFs and VCFs are permitted to invest overseas upto an overall limit of USD 750 million. The said limit has now been enhanced to USD 1500 million .....

Sep 16, 2021

Enhancement of Overseas Investment limits for Mutual Funds

SEBI vide circular No. SEBI/HO/IMD/IMDII/DOF3/P/CIR/2021/571 dated 3rd June, 2021 has increased the overall limit for overseas investment by Mutual Funds. Mutual Funds can make overseas investments subject to a maximum of USD 1 billion per Mutual Fund, within the overall industry limit of US $ 7 billionMutual Funds can make investments in overseas Exchange Traded Fund (ETF)  subject  to  a maximum  of USD 300  million per  Mutual  Fund, within the overall industry limit of US $ 1 billion https://www.sebi.gov.in/legal/circulars/jun-2021/circular-on-enhancement-of-overseas-investm.....

Sep 16, 2021

Clarification on offsetting the excess CSR spent for FY 2019-20

MCA vide Circular No. CSR-01/4/2021 dated 20th May, 2021 has clarified that where a company has contributed any amount to ‘PM CARES Fund’ on 31.03.2020, which is over and above the minimum amount as specified under section 135(5) of the Companies Act, 2013 for FY 2019-20, then such excess amount can be offset against the requirement to spend under section 135(5) for FY 2020-21 https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MTQxNzU=&docCategory=NotificationsAndCirculars&type=download .....

Sep 16, 2021

- Additional Income under Section 68 of the Income tax Act was added to declared income of the assessee by the assessing officer without granting for the personal hearing of the assessee Where AO made addition to assessee's declared income under section 68 on account of unexplained unsecured loan, since it was found that assessee sought personal hearing before AO to establish genuineness of unsecured loan received by assessee which had not been granted by AO, assessee had been able to establish a prima facie case in its favour and thus impugned order is set aside to file of AO to consider assessee's reply

vide Decision of High Court of Delhi in DJ Surfactants v. National E-Assessment Center, Income Tax Department, New Delhi Facts of the case: The Assessing Officer(AO) has made an addition to the petitioner's declared income of Rs. 9,56,00,000/- under section 68 of the Income-tax Act, 1961 related to AY 2018-19. The addition has been made on account of purported unexplained, unsecured loansShow cause notice was issued to the petitioner on 1-3-2021, along with the draft assessment order of even date. As per the said show cause notice, the petitioner was required to file a response by 8-3-2.....

Sep 16, 2021

Penalty cannot be charged by the GST Officer merely on the ground that E-way Bill has expired Where consignment of the petitioner was detained by Deputy State Tax Officer on ground that validity of E-way bill had expired and petitioner had to pay an amount towards tax and penalty for release of goods, it was held that there was no material before respondent to detain petitioner merely on account of lapsing of time mentioned in E-way bill and respondent was directed to refund amount collected from petitioner

vide decision of High Court of Telangana in Satyam Shivam Papers (P.) Ltd. v. Assistant Commissioner of Services Tax Facts of the case: The petitioner is a Private Limited Company registered under the Companies Act, 1956 and carries on trading business in all kinds of paper. It also has valid GST Registration.It is the sole distributor of M/s. International Papers Limited, Andhra Pradesh, and it also effects inter-State purchases of papers from M/s. Emami Papers Ltd., OrissaThe petitioner made an intra-State supply of paper through a tax invoice dt.04-1-2020 to M/s. Sri Ayappa Stationer.....

Sep 21, 2021

GST on service supplied by Central/State Govt. to their undertakings or PSUs by way of guaranteeing loans taken by them

GST vide Circular No. 154/10/2021 dated 17th June, 2021 has mentioned that Services supplied by Central Government, State Government, Union territory to their undertakings or Public Sector Undertakings (PSUs) by way of guaranteeing the loans taken by such undertakings or PSUs from the banking companies and financial institutions are exempt. https://www.cbic.gov.in/resources//htdocs-cbec/gst/Circular_Refund_154.pdf .....

Sep 21, 2021

Liberalised Remittance Scheme for Resident Individuals – Reporting

RBI vide notification No. RBI/2021-22/56 dated 17th June, 2021 has issued reporting requirements for AD Banks w.r.t. Liberalised Remittance Scheme. i. AD Category -I banks were required to upload the data in respect of number of applications received and the total amount remitted under the Liberalised Remittance Scheme (the Scheme) on Online Return Filing System (ORFS). ii. It has now been decided to collect this information through XBRL(Extensive Business Reporting Language) system instead of the ORFS. iii. AD Category – I banks shall upload the requisite information on XBRL system on or b.....

Sep 21, 2021

Appointment of Chief Risk Officer in Primary (Urban) Co-operative Banks

RBI vide Notification no. RBI/2021-22/62 dated 25th June, 2021 has notified about the appointment of Chief Risk Officer in Primary (Urban) Co-operative Banks. i. With increasing size and scope of business, Primary(Urban) Co-operative Banks (UCBs) are gradually getting exposed to greater degree of risks. ii. It has been decided that all UCBs having asset size of ₹5000 crore or above, shall appoint a Chief Risk Officer (CRO). The Board must clearly define the CRO’s role and responsibilities and ensure that he/she functions independently. https://www.rbi.org.in/Scripts/NotificationUs er.a.....

Sep 21, 2021

Review of Instructions on Interest on overdue domestic deposits

RBI vide Notification No. RBI/2021-22/66 dated 2nd July, 2021 has notified the rate of interest on unclaimed deposits with Banks. Earlier, if a Term Deposit matures and proceeds are unpaid, the amount left unclaimed with the bank shall attract rate of interest as applicable to savings deposits. It has now been decided that if a Term Deposit matures and proceeds are unpaid, the amount left unclaimed with the bank shall attract rate of interest as applicable to savings account or the contracted rate of interest on the matured TD, whichever is lower. https://www.rbi.org.in/Scripts/Notificatio.....

Sep 21, 2021

Interest Equalization Scheme on Pre and Post Shipment Rupee Export Credit- Extension

RBI vide Notification No. RBI/2021-22/65 has approved the extension of Interest Equalization Scheme for pre and post shipment Rupee export credit, with same scope and coverage, for three more months i.e., upto 30th September, 2021. The extension takes effect from July 01, 2021 and ends on September 30, 2021 covering a period of three months. https://www.rbi.org.in/Scripts/NotificationUs er.aspx?Id=12124&Mode=0 .....

Sep 21, 2021

Extension of time limits of certain compliances to provide relief to taxpayers in view of the severe pandemic

Income tax vide Circular No. 12/2021 dated 25th June, 2021 has notified extension of various timelines under the Income-tax Act, 1961. (i) Uploading of the declarations received from recipients in Form No. 15G/15H during the quarter ending on 30lh June, 2021 , which is required to be uploaded on or before 15th July,2021 , may be uploaded by 31st August,2021. (ii) The application under Section 10(23C), 12AB, 35(1)(ii)/(iia)/(iii) and 80G of the Act in Form No. 10AF, Form No.10AB for registration/Provisional registration/intimation/Approval/provisional approval of Trusts/Institutions/Research A.....

Sep 21, 2021

Extension of Due date for Declaration in respect of Tax Arrears

Income tax vide Circular No. 13/2021 dated 30th June, 2021 has notified the last date for declaration to designated authority about the tax arrears under Direct Tax Vivad se Vishwas Act, 2020. The new date shall be 31st August, 2021 in place of 30th June, 2021. https://www.incometaxindia.gov.in/communications/notification/notification_75_2021.pdf .....

Sep 21, 2021

Guidelines under section 194Q of the Income-tax Act, 1961

Income tax vide Circular No. 75/2021 dated 25th June, 2021 has Issued guidelines under Section 194Q of the Income Tax Act, 1961. i. Finance Act, 2021 inserted a new section 194Q in the Income-tax Act 1961 which takes effect from 1st July, 2021. It applies to any buyer who is responsible for paying any sum to any resident seller for purchase of any goods of the value or aggregate of value exceeding fifty lakh rupees in any previous year. ii. The buyer, at the time of credit of such sum to the account of the seller or at the time of payment, whichever is earlier, is required to deduct an a.....

Sep 21, 2021

Compliance Check Functionality for Section 206AB & 206CCA of Income-tax Act 1961

Income tax vide Notification No. 01/2021 dated 22nd June, 2021 has released a new functionality Compliance Check for Section 206AB & 206CC to facilitate tax deductors/collectors to verify if a person is a "Specified Person" as per section 206AB & 206CCA. Specified person means a person who has not filed the returns of income for both of the two assessment years relevant to the two previous years immediately prior to the previous year in which tax is required to be collected, for which the time limit of filing return of income under Section 139(1) has expired; and the aggregate tax ded.....

Sep 21, 2021

Master Circular for Commodity Derivatives Market

SEBI vide Master Circular no. SEBI/HO/CDMRD/DMP/P/CIR/2021/589 dated 1st July, 2021 has issued Master Circular for Commodity Derivatives Market.Commodity Derivatives Market Regulation Department (CDMRD) also has been issuing a Master circular comprising of information mentioned in various circulars pertaining to commodity derivatives segment. The master circular can be referred through the following link: https://www.sebi.gov.in/legal/master-circulars/jul-2021/master-circular-for-commodity-derivatives-market_50869.html .....

Sep 21, 2021

Master Circular for Stock Exchange and Clearing Corporations

SEBI vide Master circular No. SEBI/HO/MRD2/MRD2_DCAP/P/CIR/2021/0000000591 dated 5th July, 2021 has issued master circular for Stock Exchange and Clearing Corporations. The Master Circular is a compilation of all the existing/applicable circulars issued by Market Regulation Department of SEBI to Stock Exchanges and Clearing Corporations. The master circular can be referred through the following link: https://www.sebi.gov.in/legal/master-circulars/jul-2021/master-circular-for-stock-exchanges-and-clearing-corporations_50914.html .....

Sep 21, 2021

Prudential norms for liquidity risk management for open ended debt schemes

SEBI vide Circular No. EBI/HO/IMD/DF3/CIR/P/2020/22 dated 25th June, 2021 has specified norms regarding holding of liquid assets in open ended debt schemes & stress testing of open ended debt schemes. i. This framework specified by AMFI(Association of Mutual Funds in India) shall come into force with effect from December 1, 2021, for all the existing open ended debt schemes (except Overnight Fund, Gilt Fund and Gilt Fund with 10 year constant duration) and schemes to be launched on or thereafter. ii. However, mutual funds may at their discretion, choose to adopt the framework specified by.....

Sep 21, 2021

Clarification on extension of time of passing of ordinary and special resolutions by companies on account of Covid-19

MCA vide Circular No. 10/2021 dated 23th June, 2021 has clarified that companies can conduct their EGMs through VC or OAVM or transact items through postal ballot in accordance with the framework provided upto 31st December, 2021. https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MjA1NTg=&docCategory=NotificationsAndCirculars&type=download .....

Sep 21, 2021

Relaxation on levy of additional fees in filing of certain forms under Companies act, 2013 and LLP act, 2008

MCA vide Circular No. 11/2021 dated 30th June, 2021 has notified that no additional fees shall be levied upto 31st August, 2021 for the delayed filing of forms (other than CHG-1 Form, CHG-4 Form and CHG-9 Form) which were due for filing during 1st April, 2021 to 30th June, 2021. For such delayed filings upto 31st August, 2021 only normal fees shall be payable. https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MjE2OTA=&docCategory=NotificationsAndCirculars&type=download .....

Sep 21, 2021

Where Public Charitable Trust, doing educational services, gave donations to charitable and religious institutions for philanthropy only, exemption under section 11 cannot be denied merely because it was donating to 'activities other than education'

vide Decision of High Court of Madras in Director of Income Tax Exemptions, Chennai v. Shanmuga Arts Facts of the case: 1. The respondent(assessee) is a Trust registered under section 12AA of the Income-tax Act, 1961. The Trust had filed the return of income for assessment year 2007-2008 on 2-11-2007 for Rs. 60,76,26,276/- and claiming exemption for Rs. 6,65,60,886/- being the amount of donation made by it under section 11 of the Act. 2. The Assessing Officer had issued a notice u/s.143(2) of the Act on 21-8-2008 through which the details of donations made during the period were called.....

Sep 22, 2021

Reversal of input tax credit (ITC) by revenue in case of loss by consumption of input which was inherent to manufacturing loss was not correct as such loss was not contemplated or covered by situations represented under section 17(5)(h)

vide decision of High Court of Madras in ARS Steels & Alloy International (P.) Ltd. v. State Tax Officer, Group-I, Chennai Facts of the case: The petitioners are engaged in the manufacture of MS Billets and Ingots. MS scrap is an input in the manufacture of MS Billets and the latter, in turn, constitutes an input for manufacture of TMT/CTD Bars.There is a loss of a small portion of the inputs, inherent to the manufacturing process. The impugned orders seek to reverse a portion of the ITC claimed by the petitioners, proportionate to the loss of the input, referring to the provisions .....

Sep 22, 2021

Applicability and Due date for filing Annual Returns for FY 2020-21 under CGST Act, 2017

GST vide Circular No. 30/2021 dated 30th July, 2021 has mentioned the applicability and due date for filing Annual Returns for FY 2020-21. i.Every Registered Person except the persons mentioned in the act whose aggregate turnover in the FY 2020-21 exceeds Rs. 2 crores are required to file Form GSTR-9 electronically on or before 31st December, 2021. ii.Every Registered Person except the persons mentioned in the act whose aggregate turnover in the FY 2020-21 exceeds Rs. 5 crores are required to file self-certified reconciliation statement Form GSTR-9C electronically on or before 31st De.....

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